Todd Becraft, Assistant County Attorney Attorney General of New York — Opinion Issued on: March 15, 1990 DOMESTIC RELATIONS LAW, §§ 30-43. The county attorney is required to represent individuals who appearpersonally in the responding court in proceedings pursuant to the UniformSupport of Dependents Act. Siobhan Shanks, Assistant Attorney General Requestor: Todd Becraft, Assistant County […]
Category: Attorney General Opinions
Opn. No. 1979-221
Hon. John R. Marshall, Jr. Attorney General of New York — Opinion Dated: August 30, 1979 JUDICIARY LAW, § 471 and COUNTY LAW, §§ 700, 702. A partner or associate in a law firm with a lawyer who is also an acting City Court Judge should not, at the same time, serve as Assistant District […]
Opn. No. 84-F8
Hon. Karen S. Burstein Attorney General of New York — Opinion Dated: October 25, 1984 PUBLIC OFFICERS LAW, §§ 73, 74. The private members and staff of the Temporary State Commission on Workers’ Compensation and Disability Benefits are subject to the provisions of section 74, but not section 73 of the Public Officers Law. Hon. […]
Opn. No. 2002-3
Scott DeSimone, Esq. Attorney General of New York — Opinion February 11, 2002 TOWN LAW §§ 10, 20(1)(b), 36; L. 1920, CH. 311. The Town of Riverhead may abolish the position of receiver of taxes using the provisions set forth in Town Law § 36(1). JAMES D. COLE, Assistant Solicitor General Scott DeSimone, Esq. Informal […]
Opn. No. 2006-F3
Joan B. Carey. Attorney General of New York — Opinion April 6, 2006. Public Officers Law §§ 17, 17(1)(a), 17(2), 17(3)(a), 17(4); Judiciary Law § 39(6) Unpaid guardians ad litem serving in the New York City Civil Court’s guardian ad litem program are eligible for State-provided defense and indemnification. ELIOT SPITZER, Attorney General. Hon. Joan […]
Opn. No. 1979-130
Hon. William A. Kelly Attorney General of New York — Opinion Dated: April 16, 1979 COUNTY LAW, § 652 1. A person previously convicted of a felony is not per se automatically excluded by law from being appointed a county deputy sheriff, but the possession of a firearm would be subject to the prohibitions of […]
Opn. No. 2000-4
Joseph L. Latwin, Esq. Attorney General of New York — Opinion April 10, 2000 LABOR LAW ART. 7-A; TOWN LAW §§ 170, 176(11), 176-b; 19 NYCRR Part 426. A board of fire commissioners may require that prospective volunteer members of a fire company have high school degrees or equivalency certificates. As an alternative, the board […]
Opn. No. 1978-62
Hon. Albert B. Lewis Attorney General of New York — Opinion Dated: August 2, 1978 EDUCATION LAW, § 523; INSURANCE LAW, § 36-a; RETIREMENT ANDSOCIAL SECURITY LAW, §§ 15, 315 — Supervision of public employeepension systems. The Superintendent of Insurance has authority under section 36-a of the Insurance Law to promulgate standards relative to public […]
Opn. No. 1976-247
HON. WILLIAM GOLDMAN Attorney General of New York — Opinion Dated: August 25, 1976 REAL PROPERTY TAX LAW, § 485-b Chapter 278 OF THE LAWS OF 1976PARTIAL REAL PROPERTY TAX EXEMPTION FOR BUSINESS IMPROVEMENTS. The bill creating the partial real property tax exemption for business improvements took effect on June 8, 1976. It is applicable […]
Opn. No. I90-14
Thomas R. Emnett, Tioga County Attorney Attorney General of New York — Opinion Issued on: March 14, 1990 GENERAL MUNICIPAL LAW, §§ 856(2) and (4), 858(7) and (8), 912. The positions of Tioga County legislator and executive director of theTioga County Industrial Development Agency are compatible. James D. Cole, Assistant Attorney General Requestor: Thomas R. […]
Opn. No. I91-72
Patrick M. Malgieri, Esq., County Attorney Attorney General of New York — Opinion Issued on: November 18, 1991 PENAL LAW §§ 265.00, 265.10, 400.00; VEHICLE AND TRAFFIC LAW §415(1)(a); 27 C.F.R. § 178.11, 178.58; 18 U.S.C. § 921(a)(11),923, 927. (1) A licensing officer has broad discretion in deciding whetherto permit changes in a carry permit […]
Opn. No. 96-F5
Hon. Neil D. Levin Attorney General of New York — Opinion April 2, 1996 EDUCATION LAW § 6510(7); PUBLIC OFFICERS LAW § 17; L 1981 CH 228; L 1980 CH 866. Members of architectural and engineering professional associations who have served as auditors for New York City under its “professional certification option” are entitled to […]
Opn. No. 97-52
Connie Fern Miller, Esq. Attorney General of New York — Opinion November 19, 1997 COUNTY LAW §§ 700, 701; VILLAGE LAW § 20-2006(2). The district attorney has wide discretion as to whether to prosecute violations of village local laws. He may perform that prosecutorial function or, in his discretion, delegate that responsibility to the municipal […]
Opn. No. 1976-277
HON. FRANK J. RYAN Attorney General of New York — Opinion Dated: October 15, 1976 TOWN LAW §§ 64(2), 81 (1[d]) and unnumbered closing paragraph,220 (4) and unnumbered closing paragraph; LOCAL FINANCE LAW §35.00 (b[1(1)]), (c)FINANCING OF TOWN PARK The only occasion upon which an expenditure for the establishment of a public park and playground […]
Opn. No. 1978-162
Hon. Howard E. Pachman Attorney General of New York — Opinion Dated: May 12, 1978 NY CONST, art XVIII, §§ 1, 2; PUBLIC HOUSING LAW, §§ 3, 30,31. Suffolk County is not authorized under New York State Law to actively engage in the development or operation of low-income housing and, therefore, may not act as […]
Informal Opinion No. 83-70
Jerome A. Mirabito, Esq. Attorney General of New York — Opinion Dated: December 1, 1983 CIVIL SERVICE LAW, §§ 75, 76; RETIREMENT AND SOCIAL SECURITY LAW, § 70. In the absence of a local regulation mandating retirement of public employees at age 70, the assistant chief of the City of Fulton fire department cannot be […]
Opn. No. I93-20
Norman Kellar, Esq., Town Attorney Attorney General of New York — Opinion Issued on: March 11, 1993 The position of improvement district superintendent is incompatible withthe position of member of a town board. Norman Kellar, Esq., Town Attorney Requestor: Norman Kellar, Esq., Town Attorney Town of Esopus P.O. Box 3536 Kingston, N Y 12401 Written […]
Opn. No. 1978-191
Hon. William Scully Attorney General of New York — Opinion Dated: June 13, 1978 GENERAL MUNICIPAL LAW, art 9-A; 9 NYCRR 5603.11. Pursuant to Article 9-A of the General Municipal Law, where a fire company operates in more than one town, if the authorized organization otherwise satisfies the requirements for the issuance of a games-of-chance […]
Opn. No. 1981-68
Hon. John D. Quinn Attorney General of New York — Opinion Dated: September 8, 1981 NY CONST, Art I, § 9; GENERAL MUNICIPAL LAW, Ch 9-A; PENAL LAW,§§ 225.00 (8), (10), 225.30; TAX LAW, Art 34. All gambling is illegal in New York except as expressly authorized by the Constitution and statutes enacted thereunder. The […]
Opn. No. 2006-8
Peter Case Graham. Attorney General of New York — Opinion September 15, 2006. L. 1905, Ch. 724; L. 1937, Ch. 929; L. 1985, Ch. 907; L. 1914, Ch. 478; New York City Administrative Code §§ 1-111, 24-356; Highway Law §§ 3(5), 189, 341(53)(1); Vehicle and Traffic Law § 1622 The town is not authorized to […]