Christine C. Hilgendorff, Esq. Attorney General of New York — Opinion Dated: September 26, 1983 CRIMINAL PROCEDURE LAW, §§ 2.10(19), 2.20; ENVIRONMENTAL CONSERVATION LAW, Art 71. Town harbor masters, as peace officers, may enforce those provisions of the Environmental Conservation Law which are consistent with their specific duties when authorized or required to do so […]
Category: Attorney General Opinions
Opn. No. 2005-3
J. Michael Hayes, Esq. Attorney General of New York — Opinion February 3, 2005 VEHICLE AND TRAFFIC LAW §§ 1202, 1640, 1660; L. 1958, CH. 853; L. 1957, CH. 698. Local governments with authority to regulate parking may permit parking closer to intersections than otherwise permitted under Vehicle and Traffic Law § 1202(a)(2)(b), (c). LAURA […]
Opn. No. I91-20
James C. Tomasi, Esq., County Attorney Attorney General of New York — Opinion Issued on: April 3, 1991 NY CONST, ART XIII, § 13(a); N Y CONST (1894), ART X, § 2;CRIMINAL PROCEDURE LAW § 1.20(34)(g); PUBLIC OFFICERS LAW § 2. A county sheriff may not serve as an investigator for a districtattorney’s office. Patrick […]
Opn. No. 1979-252
Hon. Edward W. Mink Attorney General of New York — Opinion Dated: September 25, 1979 JUDICIARY LAW § 90; PUBLIC OFFICERS LAW § 30 An attorney convicted of a felony ceases to be an attorney or to be competent to practice as such. A public office is vacant when the incumbent is convicted of a […]
Informal Opinion No. 89-47
Samual Ungar, Esq. Attorney General of New York — Opinion Dated: September 28, 1989 GENERAL BUSINESS LAW, § 396-aa; GENERAL CITY LAW, §§ 20, 21; L 1989, Ch 403. The General City Law authorizes a program whereby a city prints souvenir “notes” of “currency”. The program must, however, comply with any relevant Federal laws and […]
Opn. No. 1978-278
Hon. T.J. Szymanski Attorney General of New York — Opinion Dated: October 3, 1978 DOMESTIC RELATIONS LAW, § 235 County Clerk may not accept an authorization signed by one of the parties of a matrimonial action as authority to furnish a copy of the information on file in the Clerk’s Office to another person or […]
Formal Opinion No. 86-F3
Hon. Henry G. Williams Attorney General of New York — Opinion Dated: June 24, 1986 NY CONST, ART XIV, § 1; ENVIRONMENTAL CONSERVATION LAW, §§3-0301(1)(d), 9-0105(7-a); EXECUTIVE LAW, § 816(1). The carefully planned and supervised selective cutting in the forest preserve of only those few scattered trees necessary for the maintenance of popular and steep […]
Opn. No. 1976-7
HOWARD F. MILLER Attorney General of New York — Opinion Dated May 21, 1976 CIVIL SERVICE LAW, §§ 80, 80-a. Abolition of positions is a prerequisite to the termination of permanent employees in the classified service for the reason of economy. HON. HOWARD F. MILLER Deputy Director Division of the Budget This is in reply […]
Opn. No. 2004-1
Darrin B. Derosia Attorney General of New York — Opinion March 3, 2004 C.P.L.R. § 4502; CIVIL RIGHTS LAW § 40-c(2); DOMESTIC RELATIONS LAW ART. 2, 3, 9, 10-12, §§ 5, 6, 7, 8, 10, 11, 11-a, 12, 13, 14, 15, 15-a, 16, 17, 22, 23, 25, 140, 170, 200, 221, 236, 248; EDUCATION LAW […]
Opn. No. 2003-F2
Wayne E. Bennett Attorney General of New York — Opinion August 25, 2003 VEHICLE AND TRAFFIC LAW §§ 101, 115-a, 117-a, 375; 15 N.Y.C.R.R § 44.4(a). Rear-facing blue lights may not, under the current legislative scheme, be added to State Police vehicles. ELIOT SPITZER, Attorney General Wayne E. Bennett Formal Opinion Acting Superintendent No. 2003-F2 […]
Formal Opinion No. 87-F10
Hon. Thomas F. Hartnett Attorney General of New York — Opinion Dated: December 31, 1987 GENERAL MUNICIPAL LAW, § 119-o(2) (i); PUBLIC OFFICERS LAW, §§17, 18; 29 U.S.C. § 1511, 1512, 1513. Labor Department employees serving as members of private industry councils receive defense and indemnification for these activities under section 17 of the Public […]
Opn. No. 1979-29
Hon. Edward V. Regan Attorney General of New York — Opinion Dated: January 15, 1979 PUBLIC OFFICERS LAW, §§ 10, 15 and 30.1. h. Under the above sections, a State officer who has assumed the duties of his office on the first day of his term is entitled to his statutory rate of compensation from […]
Informal Opinion No. 89-11
Mark H. Petitte, Esq. Attorney General of New York — Opinion Dated: March 23, 1989 A local government may establish a moratorium on the development of land for a reasonable time during its consideration of whether to develop zoning or land use regulations. Mark H. Petitte, Esq. Town Attorney, Otisco You have asked whether a […]
Informal Opinion No. 83-17
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, […]
Informal Opinion No. 83-72
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 […]
Informal Opinion No. 87-32
J. Paul Kolodziej, Esq. Attorney General of New York — Opinion Dated: March 27, 1987 NY CONST, ART IX, § 2(c)(1); MUNICIPAL HOME RULE LAW, §§ 2(5) and (12), 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW, §§ 3(1) and (12), 30(1)(d). A city may enact a local law requiring that appointive city officers reside in the county in […]
Opn. No. I91-74
Francis C. LaVigne, Esq., Village Attorney Attorney General of New York — Opinion Issued on: December 11, 1991 NY CONST, ART IX, § 1(c); GENERAL MUNICIPAL LAW ART 5-G, §§ 119-n,119-o. A town may enter into a contract with a village whereby the village’spublic works department performs highway and public works services for thetown. James […]
Opn. No. 2003-18
Richard G. Boehm, Esq. Attorney General of New York — Opinion December 23, 2003 N.Y. CONST., ART. IX, § 3(a)(2); CRIMINAL PROCEDURE LAW §§ 1.10, 1.20(43), 10.10, 10.30, 150.20, 150.40, 255.20(4), 350.20; EXECUTIVE LAW § 382(1); GENERAL MUNICIPAL LAW ART. 14-BB; JUDICIARY LAW, ART 22, §§ 851, 852; MUNICIPAL HOME RULE LAW § 11(1)(e); PENAL […]
Informal Opinion No. 89-55
Martin P. Winsor, Esq. Attorney General of New York — Opinion Dated: November 2, 1989 TOWN LAW, §§ 60, 271, 272-a, 274, 274-a, 276. The positions of town planning board member and member of the town board are compatible. Martin P. Winsor, Esq. Town Attorney, Milford You have asked whether a current member of the […]
Opn. No. 1979-212
Guy W. Germano, Esq. Attorney General of New York — Opinion Dated: August 17, 1979 VEHICLE AND TRAFFIC LAW, § 1225-a. Section 1225-a of the Vehicle and Traffic Law does not apply to bicycles. Guy W. Germano, Esq. Assistant Town Attorney, Islip This reply is submitted in answer to your inquiry by letter dated August […]