Hon. Daniel E. Shapiro Attorney General of New York — Opinion June 8, 2001 GENERAL BUSINESS LAW § 453; UNIFORM COMMERCIAL CODE, ART. 2, § 2-102; L. 1993, CH. 529; L. 1954, CH. 359. When there is a pre-need agreement for the sale of funeral and burial merchandise, such as concrete grave liners, section 453 […]
Category: Attorney General Opinions
Informal Opinion No. 85-78
Robert I. Williamson, Esq. Attorney General of New York — Opinion Dated: December 3, 1985 US CONST, AMEND VI; COUNTY LAW, §§ 409(2), 716, 717, 718, 719, 720, 721, 722; EXECUTIVE LAW, § 259-i(3)(f)(v) and (4)(b); PUBLIC OFFICERS LAW, § 17; 18 U.S.C. § 3006A(c). A county may not implement a plan requiring a person […]
Opn. No. 81-18
Dennis J. Tarantino, Esq. Attorney General of New York — Opinion Dated: February 5, 1981 EXECUTIVE LAW, §§ 374-a, 390, 392, 394, 395. A municipality may not adopt a part of the State Building Conservation and Fire Prevention Code. The local board of review may not approve variances and modifications of the Code applicable throughout […]
Opn. No. 1978-21
Hon. Vito J. Castellano Attorney General of New York — Opinion Dated: August 23, 1978 MILITARY LAW, § 242. The computation of the salary rate for full-time State employees is based on a 14-day calendar biweekly rate as set forth in 2 NYCRR 3.5. Military leave benefits pursuant to Military Law, § 242(5) would also […]
Opn. No. I92-44
William H. Walker, Jr., Esq., Town Attorney Attorney General of New York — Opinion Issued on: July 15, 1992 COUNTY LAW § 411. The positions of town building inspector and county legislator arecompatible. James D. Cole, Assistant Attorney General Requestor: William H. Walker, Jr., Esq., Town Attorney Town of Henrietta 349 West Commercial Street, Suite […]
Opn. No. 1978-170
Hon. Robert C. Morris Attorney General of New York — Opinion Dated: May 23, 1978 THE CHARTER OF THE CITY OF GLENS FALLS, §§ 10.2, 10.4 and 10.6;GENERAL MUNICIPAL LAW, §§ 801, 804 and 805. A prohibited conflict of interest, under section 801 of the General Municipal Law, arose when the former City Attorney of […]
Informal Opinion No. 84-10
Robert J. Main, Jr., Esq. Attorney General of New York — Opinion Dated: February 21, 1984 NY CONST, Art VI, § 17(d); VILLAGE LAW, §§ 3-301[2][a], 3-302(3), 3-312(3) and (4). A village may not abbreviate or lengthen the term of a village justice. However, in establishing the second office of village justice, a village may […]
Opn. No. 81-104
Arthur J. Selkin, Esq. Attorney General of New York — Opinion Dated: August 10, 1981 MUNICIPAL HOME RULE LAW, § 10 (1) (ii) (a) (12); VEHICLE AND TRAFFIC LAW, § 1660 (8). A town may establish a list of qualified towing companies to be utilized on a rotating basis to tow disabled, abandoned and illegally […]
Opn. No. 98-27
Owen B. Walsh, Esq. Attorney General of New York — Opinion June 24, 1998 NY CONST, ART 3, § 24; CORRECTION LAW § 177; PENAL LAW § 65.10. The Nassau County Correctional Center may use inmate labor to clean, remove and paint over graffiti on public property, but may not use inmate labor to clean, […]
Opn. No. I94-42
Charles J. Naughton, Esq., Town Attorney Attorney General of New York — Opinion Issued on: October 18, 1994 TOWN LAW § 20(2)(a) and (2)(b). The town board must designate deputies to serve in the event that thetown attorney or the town prosecutor is unavailable. James D. Cole, Assistant Attorney General Requestor: Charles J. Naughton, Esq., […]
Opn. No. 83-F10
Honorable Alfred B. Del Bello Attorney General of New York — Opinion Dated: December 16, 1983 NY CONST, Art III, § 14, Art IV, §§ 1 and 6; LEGISLATIVE LAW, § 6(2); PUBLIC OFFICERS LAW, § 2; RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, §§ 107(1), (2)(b), (5) and (6)(a), 213(1), 309(1) and 409(1); L 1954, […]
Opn. No. 1978-153
Hon. Louis E. Tarantelli Attorney General of New York — Opinion Dated: May 5, 1978 NEW YORK STATE CONSTITUTION, Article VI, § 17 (d); TOWN LAW, §§20 (1) (b) and 60-a (2). The Town Board has authority to reduce the number of justices by a resolution of the Board subject to permissive referendum effective at […]
Opn. No. 1976-255
HON. WILLIAM H. POWER, JR. Attorney General of New York — Opinion Dated: September 8, 1976 VEHICLE AND TRAFFIC LAW, § 397. In the absence of specific statutory authority, a radio seized by the police in connection with an arrest and conviction for a violation of section 397 of the Vehicle and Traffic Law is […]
Informal Opinion No. 84-37
William W. Oliver, Esq. Attorney General of New York — Opinion Dated: August 28, 1984 CIVIL PRACTICE LAW AND RULES, Art 78; CORRECTION LAW, §§ 752, 753, 754, 755; EXECUTIVE LAW, §§ 296(15), 837(8-a); GENERAL CITY LAW, §§ 20(27), 44; LABOR LAW, § 201-a; MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(12); TOWN LAW, § 137. Licensing […]
Opn. No. 1977-74
HON. WALTER J. RELIHAN, JR. Attorney General of New York — Opinion Dated: November 22, 1977 EDUCATION LAW, § 355 — Withholding transcripts and preventingre-enrollment. The State University Board of Trustees has authority to withhold transcripts and prevent re-enrollment until authorized charges, including student loan obligations, have been paid or satisfied even though the former […]
Informal Opinion No. 84-50
Jonathan A. Weinstein, Esq. Attorney General of New York — Opinion Dated: October 9, 1984 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), (12) and (14), 10(1)(ii)(d)(3), 10(1)(ii)(e)(3); STATUTE OF LOCAL GOVERNMENTS, §10(6); VILLAGE LAW, § 7-712(1). A village may amend section 7-712(1) of the Village Law to authorize the appointment by the mayor of ad hoc […]
Informal Opinion No. 87-40
Robert E. Carpenter, Esq. Attorney General of New York — Opinion Dated: April 27, 1987 GENERAL MUNICIPAL LAW, § 209-i(1-a); VILLAGE LAW, § 10-1006(10). The Village Law prohibits one person from becoming a member of more than one fire company. A member of a company may assist another company or department in the provision of […]
Opn. No. 1978-264
Hon. Ralph I. Greenhouse Attorney General of New York — Opinion Dated: September 11, 1978 DOMESTIC RELATIONS LAW, § 235. Although a “certificate of disposition” may be obtained by any person, Domestic Relations Law, § 235 continues to prohibit anyone other than a party to the action or his/her attorney from reviewing or copying the […]
Opn. No. 81-11
Harry W. Seibert, Jr., Esq. Attorney General of New York — Opinion Dated: January 21, 1981 COUNTY LAW, § 411; VILLAGE LAW, § 3-300 (4). The same person simultaneously may hold the elective village office of mayor and the elective office of county supervisor from the town in which the village lies, where the latter […]
Opn. No. 1980-228
Hon. Alfred F. Sica Attorney General of New York — Opinion Dated: October 28, 1980 GENERAL BUSINESS LAW, § 130 (1), (3) and (7); PARTNERSHIP LAW,§§ 2, 10, 91, 92, 114 (1) and (5). A general partnership may engage only in the business authorized by the partnership agreement. A limited partnership may engage only in […]