Category: Attorney General Opinions

Richard B. Meyer, Esq. Attorney General of New York — Opinion August 30, 2000 N.Y. CONST., ART. IX, §§ 2(b), (c), 3(d)(1); HIGHWAY LAW § 139(2); MUNICIPAL HOME RULE LAW §§ 2(5), 10(1)(ii)(a)(5). A county may, pursuant to the Municipal Home Rule Law, enact a local law requiring, as a condition of a claim against […]

Hon. John J. Pettigrass Attorney General of New York — Opinion Dated: March 24, 1980 EXECUTIVE LAW, §§ 370-389 (Art 18); PUBLIC AUTHORITIES LAW, §§2300-2338 (Art 8, Title 15). The City of Auburn Industrial Development Authority is not required to obtain a certificate of occupancy from the City of Auburn to occupy a building it […]

Tal G. Rappleyea, Esq. Attorney General of New York — Opinion December 31, 1996 COUNTY LAW § 700(1); VILLAGE LAW § 20-2006. The positions of assistant district attorney and member of a panel of three special counsels (to substitute for the town attorney, planning board attorney, or zoning board attorney in the event any are […]

Gustave Fishel, III, Esq. Attorney General of New York — Opinion Dated: March 14, 1983 NY CONST, Art VI, § 17-d; MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), 10(1)(ii)(e)(3) and 23(2)(e); VILLAGE LAW, § 3-302. Absent specific authorization by the Legislature, a village may not extend the term of the office of village justice. Gustave Fishel, […]

John D. Doyle, Esq. Attorney General of New York — Opinion Dated: December 2, 1983 NY CONST, Art XIII, § 13(a); COUNTY LAW, § 400(1-d); L 1976, Ch 763. A person elected in 1983 to fill a vacancy in the office of District Attorney of Monroe County serves for a full term of four years […]

Paul D. Bennett, Esq. Attorney General of New York — Opinion Dated: August 22, 1985 NY CONST, Art IX, § 3(d)(1); GENERAL CITY LAW, § 81; MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1); NEW YORK CITY CHARTER, § 661; L 1976, Ch 744. Classification of variances depends on the circumstances presented in each case; a […]

Bernetta A. Bourcy Attorney General of New York — Opinion February 17, 2005 PENAL LAW §§ 265.00, 265.01, 265.02, 265.03, 265.20, 400.00, L. 1963, CH. 136; L. 1961, Ch. 296. Penal Law § 400.00(14) authorizes a fee of $3.00 for each amendment to a firearms license, even if the proposed amendment will result in more […]

Hon. Barbara Blum Attorney General of New York — Opinion Dated: September 10, 1980 PRIVATE HOUSING FINANCE LAW, §§ 42 (6-e), 44 (9); L 1976, CH 36. Where a mortgage note requires payment of interest at the same rate paid by the mortgagor on its bonds and notes issued to finance the loan, but, due […]

James M. Nesper, Esq. Attorney General of New York — Opinion Dated: December 4, 1989 GENERAL MUNICIPAL LAW, §§ 200, 200-c(1). Only certain military service by a volunteer firefighter may be credited as part of the length of time needed to gain “exempt” status. James M. Nesper, Esq. Town Attorney, Amherst You have asked whether […]

HON. PETER A.A. BERLE Attorney General of New York — Opinion Dated: January 27, 1977 ENVIRONMENTAL CONSERVATION LAW, § 19-0305(2)(a); 6 NYCRR 200.2 Section 19-0305(2)(a) of the Environmental Conservation Law and § 200.2 of Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR 200.2) adequately assure public access to emission data […]

Hugh A. Lavery, Jr., Esq. Corporation Counsel Ossining Attorney General of New York — Opinion Dated: July 29, 1980 GENERAL BUSINESS LAW, § 352-eee. In the counties of Nassau, Westchester or Rockland, no municipality which has elected to have General Business Law § 352-eee apply to it may amend that State statute by local law […]

Hon. Ralph I. Greenhouse Attorney General of New York — Opinion Dated: March 30, 1978 GENERAL BUSINESS LAW, § 764 An operator may not charge a fee to an excavator for the notification information that must be furnished to said excavator as required by subpart 53-4.5 of Rule No. 53 of the Industrial Code (12 […]

Donald W. Yager, Jr., Esq. Attorney General of New York — Opinion Dated: April 17, 1987 COUNTY LAW, § 501(1); FAMILY COURT ACT, §§ 254, 711, 756, 756-a; SOCIAL SERVICES LAW, § 66. A county’s legislative body may assign to attorneys in its department of social services the responsibility to represent the county’s interest in […]

John B. Kane, Jr., Esq. Attorney General of New York — Opinion Dated: June 17, 1982 HIGHWAY LAW, §§ 140(4), 142(1), 284; TOWN LAW, §§ 20(4), 27(1), 32(1) and (2), 107, 109. A person may not simultaneously serve as a member of a town board and as a deputy town superintendent of highways. John B. […]

Morton H. Abramowitz, Esq. Attorney General of New York — Opinion April 9, 1998 GENERAL MUNICIPAL LAW §§ 858-a, 854; L1993, CH 356. The provision of the Niagara County IDA’s contract with its executive director, which states that the director is to receive an additional salary equal to 1.5% of the agency fees collected on […]

Paul E. Schwerman, Esq. Attorney General of New York — Opinion December 21, 1998 GENERAL CITY LAW § 27; GENERAL MUNICIPAL LAW §§ 239-1, 239-m. The County Transportation Program Administrator may also serve on the City of Poughkeepsie Planning Board. SIOBHAN S. CRARY, Assistant Attorney General Paul E. Schwerman, Esq. Informal Opinion Assistant Corporation Counsel […]

Dennis S. Cohen, Esq. Attorney General of New York — Opinion Dated: August 12, 1980 CRIMINAL PROCEDURE LAW, § 1.20 (33) (s) (§ 2.10 [24] as ofSeptember 1, 1980); EDUCATION LAW, §§ 6542 (6), 7605 (2); EXECUTIVELAW, Art 12-A, §§ 243, 257 (1) and (5); LABOR LAW, § 133 (3) (a)(3); PUBLIC HEALTH LAW, § […]

BERNARD T. KUNERT Attorney General of New York — Opinion Dated: January 16, 1976 MUNICIPAL HOME RULE LAW, § 20(3) (LAWS OF 1970, Chapter 892). The Village of Warwick is authorized to enact one local law providing for a recodification of all of the laws of the Village. However, any amendments, omissions, alterations or new […]