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 […]
Category: Attorney General Opinions
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 […]
Informal Opinion No. 83-23
Phyllis S. Jaffe, Esq. Attorney General of New York — Opinion Dated: April 14, 1983 NY CONST, Art VIII, § 1; EDUCATION LAW, §§ 414, 1503, 1709(9) and (12), 2511, 2554(5); 17 U.S.C. § 106(1) and (3), 201(d). A school district may enter into a contract for the sale of reproductions of a painting owned […]
Opn. No. 1980-72
Hon. Basil A. Paterson Attorney General of New York — Opinion Dated: December 22, 1980 US CONST, Art IV § 1; EXECUTIVE LAW, § 130. The Privileges and Immunities Clause of the United States Constitution does not override the right of the State of New York to require that the public office of notary public […]
Opn. No. 1978-88
Bradley J. Carr, Esq. Attorney General of New York — Opinion Dated: January 19, 1978 TOWN LAW, §§ 264, 265, 267 (5); GENERAL MUNICIPAL LAW, § 239-m Town zoning boards of appeals are empowered to grant area variances upon a showing of practical difficulties. A town zoning board of appeals shall defer taking final action […]
Opn. No. I92-56
Brian C. Flynn, Esq., Town Attorney Attorney General of New York — Opinion Issued on: September 2, 1992 A local government is unauthorized to permit the use of its property forprivate advertising. James D. Cole, Assistant Attorney General Requestor: Brian C. Flynn, Esq., Town Attorney Town of Urbana 16 Sheather Street Hammondsport, N.Y. 14840 Written […]
Opn. No. 2003-4
Richard B. Meyer, Esq. Attorney General of New York — Opinion April 7, 2003 N.Y. CONST., ART VIII, § 5, ART IX, § 2(c); CRIMINAL PROCEDURE LAW §§ 390.20; EXECUTIVE LAW, ART. 12, ART. 12A, §§ 240, 243, 246(2), 247, 256, 257-c; FAMILY COURT ACT §§ 252-a, 651, 653; MUNICIPAL HOME RULE LAW § 10; […]
Opn. No. I93-53
Richard M. Gardella, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: October 28, 1993 NY CONST, ART VIII, § 1; PUBLIC OFFICERS LAW § 18(1), (2)(a) and(2)(b). A municipality by local law may provide for defense and indemnificationprovided that the expenditure of funds fulfills a public purpose. James D. Cole, Assistant […]
Opn. No. 1977-117
JOHN P. SULLIVAN, ESQ. Attorney General of New York — Opinion Dated: February 22, 1977 TRANSPORTATION CORPORATIONS LAW, §§ 116, 120, 121 Unless the Town Board consents to amendment of the certificate of incorporation of a sewage-works corporation formed under the Transportation Corporations Law, such corporation may not extend the territory it serves beyond the […]
Informal Opinion No. 87-60
James B. Fitzsimmons, Esq. Attorney General of New York — Opinion Dated: August 13, 1987 VILLAGE LAW, §§ 6-610, 6-612, 6-614, 21-2100, 21-2102. A village board must comply with the hearing requirements of article 21 of the Village Law when passing resolutions for the acceptance of private streets dedicated to the village under section 6-610 […]
Opn. No. 98-8
Kristin Carter Rowe, Esq. Attorney General of New York — Opinion February 17, 1998 MUNICIPAL HOME RULE LAW § 10(1)(ii)(e)(3); VILLAGE LAW §§ 3-300, 4-412. A village board may delegate to a single board member responsibility to manage a sewage treatment study on behalf of the board and compensate the trustee for the additional responsibilities. […]
Opn. No. 97-F5
Hon. Stephen M. Bernardi Formal Opinion Attorney General of New York — Opinion March 13, 1997 CRIMINAL PROCEDURE LAW § 1.20(34)(g); GENERAL MUNICIPAL LAW §209-q; L 1983 CH 956; L 1982 CH 594. For purposes of General Municipal Law § 209-q, the only detective or rackets investigators included as police officers are those employed in […]
Opn. No. 82-11
Arthur Moskoff, Esq. Attorney General of New York — Opinion Dated: February 9, 1982 NY CONST, Art IX, § 2(c)(10); MUNICIPAL HOME RULE LAW, §10(1)(ii)(a)(12); REAL PROPERTY LAW, §§ 239-a(1), (2) and (7), 239-b, 239-e, 239-g(2) and 339-h. A town may prohibit the use of portable kerosene heaters in condominiums. Arthur Moskoff, Esq. Town Attorney, […]
Opn. No. 1978-236
Hon. Robert G. Lyman Attorney General of New York — Opinion Dated: August 1, 1978 COUNTY LAW, § 215 (8). Under the above section, Albany County may subject real property, acquired through a foreclosure of a tax delinquency, to a tenancy at will without resorting to competitive bidding. Hon. Robert G. Lyman County Attorney, Albany […]