Category: Attorney General Opinions

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 […]

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 […]

Jonathan David Brown Esq. Attorney General of New York — Opinion October 21, 2003 GENERAL MUNICIPAL LAW, ART. 10, § 209; TOWN LAW ART. 11; 16 U.S.C. § 1b, 1c, 459e Absent contract or federal mandate to provide fire protection services to the Fire Island National Seashore, a fire district has no legal obligation to […]

HON. JOHN J. MUNZEL Attorney General of New York — Opinion Dated: July 13, 1977 VEHICLE AND TRAFFIC LAW, §§ 380 (1) and (2) and (3), 1600 and1640(5). Under the above sections, the State of New York exercises exclusive control of motor vehicles engaged in the transportation of dangerous articles, including radioactive materials, over highways […]

Hon. William L. Burke Attorney General of New York — Opinion Dated: July 19, 1979 BUSINESS CORPORATION LAW, § 200 and PARTNERSHIP LAW, § 2. It is permissible for a County Clerk to accept for filing a Certificate of Limited Partnership in which the general partner is a corporation. Hon. William L. Burke County Attorney, […]

HON. EDWARD S. CORNER Attorney General of New York — Opinion Dated: June 17, 1977 STATUTE SECTIONS: CPL, § 1.20(26), 130.40(1), 150.10, 150.20(3). A town building inspector is not authorized by the statutory law of the State to issue an appearance ticket; and, the town building inspector may not serve a summons in a criminal […]

Hon. John A. Porco Attorney General of New York — Opinion Dated: December 18, 1978 ELECTION LAW § 3-200 (4) COMMISSIONER OF ELECTIONS HOLDING POLITICAL PARTY OFFICE A chairman of a political party is not barred by specific constitutional or statutory provision and does not, as such chairman, hold a public office, so while holding […]

HON. WILLIAM J. STEVENS Attorney General of New York — Opinion Dated: March 22, 1977 NEW YORK STATE CONSTITUTION, Article IX, §§ 2(c) and 3(d); COUNTYLAW, §§ 2 and 352; MUNICIPAL HOME RULE LAW, §§ 2(5) and 10(1). County Law, § 352, which provides that a county’s fiscal year shall begin on January 1 and […]

Ralph A. Nappi, Esq. Attorney General of New York — Opinion Dated: February 8, 1983 NY CONST, Art VIII, § 3; COUNTY LAW, § 650; CRIMINAL PROCEDURE LAW, §§ 1.20 (34-a), 120.50, 140.10, 150.20; GENERAL MUNICIPAL LAW, Art 5-G, §§ 119-n(b) and (c), 119-o(1); LOCAL FINANCE LAW, §§ 2.00(3), 10.00; VILLAGE LAW, § 8-800; L […]

Thomas P. Halley, Esq. Attorney General of New York — Opinion Dated: November 30, 1983 NY CONST, Art IX, § 2(c)(1); MUNICIPAL HOME RULE LAW, §§ 2(5), (12), 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW, § 3(1), (12); POUGHKEEPSIE CITY CHARTER, § 6, Title IV, §§ 39(1), (2), 40(2), (2)(b), (c), (g), (h), (j), (k), (1), (3) (a) […]

Roger B. Sovocool, Esq. Attorney General of New York — Opinion Dated: April 24, 1987 VILLAGE LAW, § 6-622. When constructing or otherwise improving a sidewalk on a street that has sidewalks along only one of its sides, the village may assess the improvement costs against owners of property on both sides of the street. […]

HON. THOMAS A. ROBINSON Attorney General of New York — Opinion Dated: November 22, 1976 CHARTER OF THE CITY OF PLATTSBURGH § 13; MUNICIPAL HOME RULE LAW§ 23; ELECTION LAW §§ 39, 49, 190, 191, 352(1); EDUCATION LAW §§2601 through 2612 (Article 53) CONCURRENT AND CONJOINT CITY SCHOOL DISTRICT AND SPECIAL CITYELECTIONS. A concurrent election […]

David G. Retchless, Esq. Attorney General of New York — Opinion November 2, 1998 TOWN LAW, ART 5-B, §§ 79-b, 79-d, 79-g. The town board of each town proposing to consolidate must act to submit a proposition to consolidate to the electors of the town. There is no authority for a petition by the electors […]

John A. Costa, Esq. Attorney General of New York — Opinion Dated: August 27, 1986 NY CONST, ART VIII, § 1; TOWN LAW, § 65. If the town board finds that it has a moral obligation to pay the legal fees of a person hired by it to perform legal services, who must sue the […]

Hon. Frederick A. Wolf Attorney General of New York — Opinion Dated: November 8, 1978 GENERAL MUNICIPAL LAW, §§ 800, 801, 802 and 803. A vice president or stockholder of more than five percent of the outstanding stock of a cable T.V. company granted a franchise by the village has a conflicting interest prohibited by […]