Hon. Robert R. Kiley Attorney General of New York — Opinion Dated: December 31, 1986 PUBLIC AUTHORITIES LAW, § 1263(1)(a); PUBLIC OFFICERS LAW, § 5; L 1986, Ch 900. Upon the enactment of chapter 900 of the Laws of 1986, the member of the Metropolitan Transportation Authority’s board selected under prior law to represent the […]
Category: Attorney General Opinions
Opn. No. I92-30
Joseph Stanzione, Esq., Town Attorney Attorney General of New York — Opinion Issued on: May 14, 1992 NY CONST, ART VIII, § 1. A municipality may not expend public funds to improve and maintain aprivate road. A municipality may, however, regulate the maintenance ofprivate roads by their owners. James D. Cole, Assistant Attorney General Requestor: […]
Opn. No. 2006-9
Carol D. Stevens. Attorney General of New York — Opinion September 29, 2006. Mental Hygiene Law Articles 81, 81.10; County Law Articles 18-A, 18-B, §§ 171, 722; Family Court Act §§ 262, 1120; Surrogate’s Court Procedure Act § 407; Correction Law Article 6-C; Judiciary Law § 35. A county that fulfills its responsibility under County […]
Informal Opinion No. 85-5
Donald R. Becker, Esq. Attorney General of New York — Opinion Dated: February 13, 1985 MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(i), (ii)(a)(1); TOWN LAW, §§ 20(3)(b) and (e), 34(1) and (2), 41-a, 119, 124. The offices of comptroller and director of purchasing of a town may not be combined. Donald R. Becker, Esq. Town […]
Opn. No. 1978-165
Nicholas A. Sordi, Jr., Esq. Attorney General of New York — Opinion Dated: May 17, 1978 GLEN COVE CITY CHARTER, §§ 2-1 through 2-9 POWER OF MAYOR TO DIRECTCOMMISSIONERS AND EMPLOYEES IN DUTIES. The mayor of the City of Glen Cove has the power to supervise the other executive or administrative officers of the city […]
Informal Opinion No. 88-62
Alfred L. Goldberger, Esq. Attorney General of New York — Opinion Dated: September 6, 1988 CRIMINAL PROCEDURE LAW, §§ 1.20 (5) (b), 100.25, 170.10; VEHICLE AND TRAFFIC LAW, §§ 155, 225, 235, 1800. Parking violations in the City of Schenectady cannot be adjudicated administratively. Alfred L. Goldberger, Esq. Corporation Counsel, City of Schenectady Your office […]
Opn. No. 97-F3
Christine A. Alexander, Esq. Attorney General of New York — Opinion March 11, 1997 EDUCATION LAW § 355(7); PUBLIC OFFICERS LAW § 17. The physicians and other health care personnel volunteering at the request of the State University of New York Health Science Center at Syracuse in the clinical program at Binghamton are entitled to […]
Opn. No. I92-5
Samuel Ungar, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: February 13, 1992 MUNICIPAL HOME RULE LAW § 10(4)(b). A local government may provide for the enforcement of its local laws bycivil penalty, fine, forfeiture, imprisonment or by a combination ofthese punishments. James D. Cole, Assistant Attorney General Requestor: Samuel Ungar, […]
Opn. No. 1976-175
HON. OTTO M. WOLF Attorney General of New York — Opinion Dated: April 22, 1976 VEHICLE AND TRAFFIC LAW, §§ 101 and 375; TOWN LAW, §§ 20(1)(b),116 and 150. A town constable does not have the authority to affix a red light or use a siren on a motor vehicle, regardless of whether such vehicle […]
Opn. No. I90-7
Burt J. Valvo, Town Attorney Attorney General of New York — Opinion Issued on: February 21, 1990 TOWN LAW, §§ 27, 64, 69. The positions of town board member and chief of the police department ofa village within the town are incompatible. Patrick Barnett-Mulligan, Assistant Attorney General Requestor: Burt J. Valvo, Town Attorney Town of […]
Opn. No. I94-31
Robert J. Allan, Esq., Village Attorney Attorney General of New York — Opinion Issued on: August 16, 1994 Members of the village board of trustees who also are affiliated with thevolunteer fire department should recuse themselves from voting on thoseportions of the budget that effect the fire department. The board oftrustees may, however, establish exceptions […]
Opn. No. 95-19
Kevin G. O’Haire, Esq. Attorney General of New York — Opinion March 7, 1995 PUBLIC HOUSING LAW § 31; PUBLIC OFFICERS LAW, §§ 3, 30; L 1975, CH 347. Members of Troy Municipal Housing Authority are required to reside in the City of Troy. JAMES D. COLE, Assistant Attorney General Kevin G. O’Haire, Esq. Informal […]
Opn. No. 81-31
Donald A. Campbell, Esq. Attorney General of New York — Opinion Dated: February 25, 1981 COUNTY LAW, § 226-b; PUBLIC AUTHORITIES LAW, §§ 1283 (2), 1285 (6). In locating a solid waste management facility, a county need only consider local land use regulations and need not obtain a permit from a town in the county […]
Opn. No. 82-20
Marvin I. Honig, Esq. Attorney General of New York — Opinion Dated: March 15, 1982 EDUCATION LAW, §§ 6301(3), 6302(1), 6304(1), (6), (8), (9) and (10), 6306(2), (4), (5) and (6), 6308; PUBLIC OFFICERS LAW, §§ 2, 3, 10 and 30(1)(h). With the exception of the student member, members of boards of trustees of community […]
Opn. No. 81-64
Anne R. Lawrence, Esq. Attorney General of New York — Opinion Dated: April 27, 1981 COUNTY LAW, § 214 (2), MUNICIPAL HOME RULE LAW, § 33. A charter county by charter law may vary the provisions of section 214 (2) of the County Law relating to the designation of newspapers for publication of local laws, […]
Opn. No. I94-44
Donal M. Walsh, Jr., Esq., Village Attorney Attorney General of New York — Opinion Issued on: October 18, 1994 GENERAL MUNICIPAL LAW § 239-x. A village board of trustees may not abolish a mayoral advisorycommittee. A conservation advisory council may be established byresolution. James D. Cole, Assistant Attorney General Requestor: Donal M. Walsh, Jr., Esq., […]
Informal Opinion No. 84-23
William G. Ruger, Esq. Attorney General of New York — Opinion Dated: May 22, 1984 NY CONST, Art IX, § 2(c)(1); MUNICIPAL HOME RULE LAW, §§10(1)(ii)(a)(1), 10(1)(ii)(a)(13), 23(2)(e), Art 4; L 1969, Ch 834. A county by local law subject to mandatory referendum, may change the terms of office of the members of its legislative […]
Opn. No. I90-28
Herbert A. Kline, Town Attorney Attorney General of New York — Opinion Issued on: May 17, 1990 AGRICULTURE AND MARKETS LAW, §§ 114(1) and (2), 371; CRIMINALPROCEDURE LAW, §§ 2.10, 2.20, 150.20. A town may designate its dog control officer a constable for purposes ofenforcing those provisions of article 26 of the Agriculture and MarketsLaw […]
Opn. No. 1979-117
Hon. John E. Roe Attorney General of New York — Opinion Dated: March 29, 1979 VEHICLE AND TRAFFIC LAW, §§ 1600, 1604, 1640(a)(6),(9),(16) The City of Albany may not implement a parking coupon system as a substitution for parking meters. Hon. John E. Roe Corporation Counsel, Albany This is in response to your request for […]
Opn. No. 1978-176
Donald R. Guerra, Esq. Attorney General of New York — Opinion Dated: May 26, 1978 VEHICLE AND TRAFFIC LAW §§ 129, 145, 147, 1200, 1600, 1604,1640(a[6]), 1640-a(1), 1684; ENVIRONMENTAL CONSERVATION LAW §19-0709; PUBLIC HEALTH LAW § 347 (1[c]); SUFFOLK COUNTY SANITARY CODEArt. 10 § 27(a); N.Y. CITY ADM. CODE § 1403.2-11.15; 6 NYCRR Part218 VILLAGE’S […]