Category: Attorney General Opinions

Everett J. Johns, Esq. Attorney General of New York — Opinion Dated: July 16, 1980 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 2, 64 (7). A municipality cannot regulate the place of sale and consumption of alcoholic beverages by requiring special permits under zoning regulations. Everett J. Johns, Esq. Clarkstown Town Attorney You request our opinion whether […]

Hon. Leslie B. Labuschagne Attorney General of New York — Opinion Dated: February 9, 1978 CPLR Rule 328 There is no express prohibition in Rule 328 of the CPLR against a South African consular officer from serving a South African court civil summons upon a person in New York State. However, we are not commenting […]

Leslie A. Cataldo, Esq. Attorney General of New York — Opinion July 10, 2000 COUNTY LAW §§ 411, 700(1); EDUCATION LAW §§ 1950, 2103. The position of district attorney is incompatible with membership on a BOCES and school board within the jurisdiction of the district attorney. WILLIAM E. STORRS, Assistant Solicitor General Leslie A. Cataldo, […]

WILLIAM EDWARD STANTON, ESQ. Attorney General of New York — Opinion Dated: July 30, 1976 TOWN LAW § 266; GENERAL CONSTRUCTION LAW §§ 41, 110 Membership of town zoning commission The statute makes no provision for the number of members on a town zoning commission which may consist of any reasonable number of members decided […]

Joseph W. Sheehan, Esq. Attorney General of New York — Opinion Dated: November 9, 1983 NY CONST, Art VIII, § 1; CIVIL PRACTICE LAW AND RULES, §§8011(c)(2), 8013(c), (d); REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, § 749(1); UNIFORM CITY COURT ACT, §§ 701(b), 1911(b). The landlord-petitioner in a summary proceeding to recover possession of real […]

Scott F. Chatfield, Esq. Attorney General of New York — Opinion Dated: May 27, 1980 INSURANCE LAW, §§ 110-132 (Art VI). A municipality may not require an insurance agent to obtain a license to do business. The State has preempted the field of regulation in the insurance business. Scott F. Chatfield, Esq. Attorney for Village […]

HON. JOHN C. MANNIX Attorney General of New York — Opinion Dated: January 10, 1977 COUNTY LAW § 257; TOWN LAW § 209-e(3) To vote at a referendum for the establishment of a county sewer district, a person must be a registered voter living at and who is shown on the registry of voters as […]

Hon. Milton Mollen Attorney General of New York — Opinion Dated: September 28, 1978 PUBLIC OFFICERS LAW, § 17. Members of the Joint Bar Association Grievance Committees of the Second Judicial Department can be made eligible for indemnification and representation, pursuant to section 17 of the Public Officers Law. Hon. Milton Mollen Presiding Justice Supreme […]

Arthur M. Kahn, Esq. Attorney General of New York — Opinion Dated: December 28, 1983 TOWN LAW, §§ 20(2)(a), 65(1), 112(1) and 267(1). A town board may authorize an officer or board of a town to employ outside counsel and may make the necessary appropriations for such purposes. In the absence of such action, the […]

John D. Doyle, Esq. Attorney General of New York — Opinion Dated: January 2, 1981 COUNTY LAW, §§ 717, 722-a; VEHICLE AND TRAFFIC LAW, §§ 1192, 1194; L 1980, CH 807. A public defender may not represent an indigent person at a Department of Motor Vehicles license revocation hearing conducted under section 1194 of the […]

Robert E. White, Esq. Attorney General of New York — Opinion Dated: March 12, 1985 ELECTION LAW, § 15-104; PUBLIC OFFICERS LAW, § 5; VILLAGE LAW, § 19-1900. There is no authority for the trustees of a village scheduled to be dissolved to extend the terms of current elected officers until the date of dissolution. […]

Verner M. Ingram, Esq. Attorney General of New York — Opinion Dated: March 12, 1985 GENERAL MUNICIPAL LAW, § 452(4); MUNICIPAL HOME RULE LAW, §10(1)(ii)(a)(9), (9-a) and (12); TOWN LAW, § 130(4). A village may enact a local law requiring that adjacent property owners remove ice and snow from sidewalks and upon their default, providing […]

Beatrice Havranek. Attorney General of New York — Opinion June 30, 2011. Agriculture Markets Law §§ 300, 327; Environmental Conservation Law §§ 24-0901(2), 51-0713; Parks, Recreation Historic Preservation Law § 15.09 Property purchased by the County pursuant to the Greater Catskills Flood Remediation Program was not dedicated as public parkland by virtue of the required […]

Edward M. Saltzman, Esq. Attorney General of New York — Opinion Dated: April 20, 1981 MUNICIPAL HOME RULE LAW, §§ 10 (1) (ii) (a) (1), 23 (2) (f), VILLAGE LAW, §§ 3-300, 23-2202. The Board of Trustees of the Village of Port Chester by local law may amend the village charter to provide that a […]

Harry S. Taubenfeld, Esq. Attorney General of New York — Opinion Dated: May 29, 1986 GENERAL MUNICIPAL LAW, §§ 239-1, 239-m; VILLAGE LAW, § 7-712. A person may not simultaneously serve as the chairperson of a county planning commission and as a member of a village zoning board of appeals of a village located within […]

Russell Bennett, Esq. Attorney General of New York — Opinion Dated: July 7, 1986 HIGHWAY LAW, §§ 171, 189, 205, 207, 211-a, 212-a; TOWN LAW, §273. A public highway created by use under section 189 of the Highway Law is subject to closure for uselessness under section 171 of the Highway Law. Russell Bennett, Esq. […]

Sam Blecher, Esq. Attorney General of New York — Opinion Dated: November 13, 1986 GENERAL MUNICIPAL LAW, §§ 239-m, 239-n; PUBLIC OFFICERS LAW, §§ 3, 30; TOWN LAW, §§ 267(2), 272-a, 274, 274-a and 276. The offices of town planning board member and mayor of a village are compatible. The same is true of the […]

James A. Haynes, Jr., Esq. Attorney General of New York — Opinion Dated: August 5, 1981 US CONST, Art IV, § 1; CPLR §§ 3213, 5001 et seq., 5401 et seq.; McKINNEY’S STATUTES, § 240; REAL PROPERTY LAW, § 297-b; 28 USCA, § 1738. A county clerk is neither required nor authorized to record a […]