Gustave J. DeTraglia, Jr., Esq. Attorney General of New York — Opinion July 10, 2000 GENERAL MUNICIPAL LAW § 805-a; TOWN LAW §§ 42, 65. An independent contractor who defends the town in real property tax certiorari proceedings should not serve as deputy supervisor. JAMES D. COLE, Assistant Solicitor General Gustave J. DeTraglia, Jr., Esq. […]
Category: Attorney General Opinions
Opn. No. I92-31
Stephen A. Pechenik, Esq., Town Attorney Attorney General of New York — Opinion Issued on: May 14, 1992 GENERAL MUNICIPAL LAW §§ 806, 808. A town board member employed by a firm that does extensive landdevelopment in town should recuse himself from participating indeliberations on legislation and appointments wherein he has or appearsto have a […]
Opn. No. 1979-39
Hon. Stephen Chinlund Attorney General of New York — Opinion Dated: August 27, 1979 PUBLIC OFFICERS LAW, §§ 73, 74. The Chairman of the State Commission of Correction may be a member of a criminal justice panel without creating a conflict of interest. Hon. Stephen Chinlund Chairman State Commission of Correction I have considered your […]
Opn. No. 95-35
William J. Better, Esq. Attorney General of New York — Opinion July 3, 1995 GENERAL MUNICIPAL LAW § 805 A person may not serve simultaneously as a member of the board of supervisors and as the social welfare examiner of Columbia County. JAMES D. COLE, Assistant Attorney General William J. Better, Esq. Informal Opinion County […]
Opn. No. 95-58
Timothy M. Bulger, Esq. Attorney General of New York — Opinion December 15, 1995 VILLAGE LAW § 8-800; L 1985, CH 810, § 2. A village which had the office of chief of police as of August 2, 1985, whether or not the position was filled, must retain the office so long as it continues […]
Opn. No. 81-13
Hon. Dennis V. Tobolski Attorney General of New York — Opinion Dated: January 27, 1981 GENERAL MUNICIPAL LAW, § 204-d; PENAL LAW, §§ 195.05, 195.15. A fire alarm at a school creates authority for firemen to enter the school and it is their duty to do so. The school principal has no authority to keep […]
Opn. No. I91-1
James J. Nolletti, Esq., Village Attorney Attorney General of New York — Opinion Issued on: January 2, 1991 MUNICIPAL HOME RULE LAW §§ 10(1)(i) and (ii)(a)(1) A village may enact a local law establishing qualifications for holdingvillage positions. James D. Cole, Assistant Attorney General Requestor: James J. Nolletti, Esq., Village Attorney Village of Mamaroneck P.O. […]
Informal Opinion No. 88-38
Robert E. Mulvey, Esq. Attorney General of New York — Opinion Dated: May 26, 1988 COUNTY LAW, § 650. A sheriff may not contract with private parties for the provision of extra police services. Robert E. Mulvey, Esq. County Attorney, Tompkins You have asked whether a sheriff may contract with various private entities, such as […]
Opn. No. I90-21
Ilan S. Schoenberger, County Attorney Attorney General of New York — Opinion Issued on: March 19, 1990 L 1967, Ch 524. If the legislative body of the County of Rockland adopts a resolutionauthorizing the submission to the voters of a proposition to establish adistrict court system, the proposition may be submitted to the electorateat a […]
Opn. No. F90-13
Hon. Josephine Gambino, Commissioner Attorney General of New York — Opinion Issued on: December 28, 1990 MILITARY LAW, § 242; 38 U.S.C. § 2024. Federal law defines the leave of absence from civilian employment towhich an employee is entitled in order to perform active duty fortraining or inactive duty training in the Armed Forces of […]
Opn. No. 81-105
John V. Simon, Esq. Attorney General of New York — Opinion Dated: August 14, 1981 COUNTY LAW, §§ 101, 150; MUNICIPAL HOME RULE LAW; §§ 2(5), 10 (1) (ii) (a) (1), (2) and (13), 23 (2) (e), (f) and (g), 24 (2) (j), 33; TOWN LAW § 90; VILLAGE LAW, § 9-900. A non-charter county […]
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 […]
Opn. No. I93-32
James L. Breen, Esq., Village Attorney Attorney General of New York — Opinion Issued on: May 28, 1993 NY CONST, ART VIII, § 3; VILLAGE LAW, §§ 3-302(1), 3-312. Where a vacancy in the office of mayor occurs on January 30 in a villagewhose official year begins in April, the board of trustees is to […]
Opn. No. 1978-245
Hon. Charles E. Inman Attorney General of New York — Opinion Dated: August 14, 1978 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 128 and 128-a; 9 NYCRR 100.1;DOMESTIC RELATIONS LAW, § 50. A police officer, otherwise qualified, may work in a grocery store licensed to sell beer at retail for off-premises consumption where the officer has no […]
Opn. No. 2002-8
Linda Riley, Esq. Attorney General of New York — Opinion March 4, 2002 A member of the Village of East Hampton’s Design Review Board who is a professional architect need not resign from his position on the Board if the architectural firm in which he is a partner infrequently accepts projects over which the Board […]
Opn. No. 97-16
Harold L. Twiss, Jr., Esq. Attorney General of New York — Opinion March 11, 1997 NY CONST ART IX, § 2(c)(ii)(1); MUNICIPAL HOME RULE LAW §§10(1)(ii)(a)(1) and (13), 23(2)(e), 24(2)(i). The enactment of a local law by a county to modify the terms of its legislators is not a restructuring of the legislative body within […]