Hon. James A. Haynes, Jr. Attorney General of New York — Opinion Dated: September 5, 1978 NY CONSTITUTION Article VIII, § 1; REAL PROPERTY TAX LAW, §§1000-1030 (Article 10, Title 1). It would be unconstitutional for a county board of supervisors to pay a former real property owner the profit consisting of the difference between […]
Category: Attorney General Opinions
Informal Opinion No. 83-59
Charles M. Harrigan, Jr., Esq. Attorney General of New York — Opinion Dated: October 4, 1983 NY CONST, Art VI, § 17(d); TOWN LAW, §§ 24-a, 60-a, 90 and 94. A proposition to reduce the number of town justices from two to one may be presented to the voters at a biennial town election even […]
Opn. No. 2007-F2
SHARON P. O’CONOR. Attorney General of New York — Opinion. March 20, 2007. Public Authorities Law §§ 2, 351, 353, 354(4), 382(1), (7), 566, 2895 (2), (3), 2896, 2897, 2897(3, (6); Canal Law §§ 2(1), 6(1), 10(15), (17), 50, 51, 52, 53, 54, 54(1), (2), 55(1)-(3), (5), 56, 138-b(5), 138-c(1); Public Lands Law §§ 3(2), […]
Opn. No. 81-65
Jerome A. Mirabito, Esq. Attorney General of New York — Opinion Dated: April 27, 1981 EDUCATION LAW, § 7209 (1), (3) and (7) (b). Section 7209 of the Education Law requires certain public and private construction plans and specifications to be under the seal of an engineer or surveyor licensed or authorized to practice in […]
Informal Opinion No. 83-57
John J. Naples, Esq. Attorney General of New York — Opinion Dated: September 28, 1983 ELECTION LAW, Art 14; MUNICIPAL HOME RULE LAW, § 10(1)(i) and (ii)(a)(1); 9 NYCRR, Part 6200. A city may prohibit the use or expenditure of campaign contributions for non-campaign related purposes. John J. Naples, Esq. Corporation Counsel, Buffalo You have […]
Opn. No. 1979-97
Hon. Jack M. Weinstein Attorney General of New York — Opinion Dated: March 14, 1979 CH 693, LAWS OF 1978; GENERAL BUSINESS LAW, § 130 (1); BUSINESSCORPORATION LAW, § 301; NOT-FOR-PROFIT CORPORATION LAW, § 301. Any corporation using an assumed name prior to January 1, 1979, or seeking to now use an assumed name, is […]
Informal Opinion No. 85-11
James T. Sikaras, Esq. Attorney General of New York — Opinion Dated: February 21, 1985 BANKING LAW, §§ 290, 291, 602; REAL PROPERTY LAW, §§ 321(b), 601-b, 602. An instrument commemorating the merger of a bank which holds a mortgage on property in a certain county is in recordable form, and must be recorded in […]
Opn. No. 1980-182
Mr. Thomas M. Lawson Attorney General of New York — Opinion Dated: July 3, 1980 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 16, 40; PUBLIC WORKS EMPLOYMENT ACTOF 1977 (PUBLIC LAW 95-28). A minority business enterprise officer appointed by the chief executive officer of a municipality as required by the Environmental Protection Agency is a public officer […]
Opn. No. 1979-46
Hon. Richard A. Berman Attorney General of New York — Opinion Dated: August 1, 1979 PUBLIC OFFICERS LAW § 73(7). Individuals formerly employed as Counsel and as Deputy Director of the Division of Health Care Financing in the Department of Health are prohibited for two years after termination of such employment from either appearing or […]
Opn. No. 1977-45
HON. EDWARD R. HAMMOCK Attorney General of New York — Opinion Dated: August 18, 1977 CORRECTION LAW §§ 212(7), 213 An inmate’s mental condition is a factor to be considered by the Board of Parole when exercising its discretionary power to release on parole. Legislation is necessary to provide for cases where a delinquent parolee […]
Opn. No. 98-32
Kevin J. Engel, Esq. Attorney General of New York — Opinion July 10, 1998 MUNICIPAL HOME RULE LAW § 23(2)(f); TOWN LAW §§ 20(1)(b), 35(2). A local law authorizing the Town Board to appoint a Deputy Collector of Taxes upon the failure of the Collector of Taxes to make the appointment is subject to mandatory […]
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. I93-60
Robert C. Mulvey, Esq., County Attorney Attorney General of New York — Opinion Issued on: December 27, 1993 ENVIRONMENTAL CONSERVATION LAW §§ 11-0907, 11-0111, 11-0311;L1993, CH 144. A county is unauthorized to enact a local law amending the StateFish and Wildlife Law in relation to Sunday hunting of big game. James D. Cole, Assistant Attorney […]