Category: Attorney General Opinions

Hon. Lawrence P. George Attorney General of New York — Opinion Dated: April 6, 1981 COUNTY LAW, Art 7, §§ 355, 376; MUNICIPAL HOME RULE LAW, § 10 (1) (i); REGIONAL OFF-TRACK BETTING CORPORATION LAW, L 1973, Ch 346; McK UNCONS LAWS, §§ 8111, et seq. A county participating in the operation of a regional […]

Martin Bradley Ashare, Esq. Attorney General of New York — Opinion Dated: September 28, 1987 Municipal dedications of property to the public use may be amended for typographical or other ministerial errors by means of resolution by the local governing board. Martin Bradley Ashare, Esq. County Attorney, Suffolk I am writing in response to a […]

Leonard Berkowitz, Esq. Attorney General of New York — Opinion Dated: August 20, 1986 McKINNEY’S UNCONSOLIDATED LAWS, §§ 9101, 9123(22). Towns are not authorized to establish the position of auxiliary police officer. Leonard Berkowitz, Esq. Town Attorney, Orchard Park You have asked whether a town has the authority to appoint auxiliary police. The New York […]

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 […]

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 […]

John Carmody, Esq. Attorney General of New York — Opinion October 1, 1997 CRIMINAL PROCEDURE LAW, ART 380, § 380.10(2); MUNICIPAL HOME RULE LAW § 10(4)(b), 11(1)(e); VEHICLE AND TRAFFIC LAW, ART 2-A. In the absence of a State statute authorizing the establishment of administrative tribunals for the adjudication of violations of the county’s electrical […]

Paul Caltagirone, Esq. Attorney General of New York — Opinion Dated: October 5, 1982 COUNTY LAW, §§ 201, 203, 205, 700(1); FAMILY COURT ACT, §§ 254, 711, 734-a. General discussion of approval and presentation of juvenile delinquency petition by county attorney. Paul Caltagirone, Esq. Assistant County Attorney, Dutchess County Based upon your letter and a […]

Hon. Frank A. Hall Attorney General of New York — Opinion Dated: October 20, 1980 COUNTY LAW, § 218-a; FAMILY COURT ACT, § 720 (3); N Y CITYCHARTER, CH 28, § 677 (a). A family court judge may not place a “person in need of supervision” in a secure detention facility in a county within […]

Hon. William E. Stanton Attorney General of New York — Opinion Dated: August 9, 1978 HIGHWAY LAW, §§ 140 (13), 189. The Town of Stanford is empowered to bring legal proceedings to remove a stone wall encroachment within the statutory width of three rods of a public highway which is interfering with the purposes necessarily […]

Paul J. Monsell, Esq. Attorney General of New York — Opinion Dated: June 4, 1981 CIVIL SERVICE LAW, § 58; 1939 CODE OF CRIMINAL PROCEDURE, § 100; CRIMINAL PROCEDURE LAW, §§ 1.20 (34) (d), 2.10, 120.10, 140.10, 140.25; EXECUTIVE LAW, §§ 840, 841; GENERAL MUNICIPAL LAW, §209-q; McK UNCONS LAWS, § 5711-q.(16) and (22); L […]

CHARLES H. CLARK, ESQ. Attorney General of New York — Opinion Dated: August 25, 1977 CPL §§ 1.10, 10.10(3[d, e]), 10.30, 20.50(2), 100.55 (4, 5, 8),120.30(1, 2); UJCA §§ 201(b), 2300(b[1], d[2]); VILLAGE LAW §3-301(2[a]). VILLAGE COURT — CREATION AND GEOGRAPHIC JURISDICTION In villages which have established a village court: 1. If one office of […]

Richard J. Kaplan, Esq. Attorney General of New York — Opinion Dated: December 18, 1989 US CONST, ART IV, § 3; N Y CONST, ART IX, § 2(c)(10); GENERAL MUNICIPAL LAW, § 139-d; MUNICIPAL HOME RULE LAW, §10(1)(ii)(a)(11); PENAL LAW, §§ 265.00(3), 265.05, 400.00(6); VILLAGE LAW, § 4-412; L 1968 Ch 614. A village may […]

Mariane Stecich, Esq. Attorney General of New York — Opinion December 31, 1996 EDUCATION LAW §§ 402, et seq., 1804(6); VILLAGE LAW §§ 7-728, etseq. Subdivision regulations enacted by the Village of Hastings-on-Hudson apply to subdivision and sale by the Hastings-on-Hudson School District of undeveloped property that lies entirely within the village and is not […]

Albert P. Roberts Attorney General of New York — Opinion February 11, 2005 EXECUTIVE LAW ART. 2-B, §§ 20(2)(a) and (f)(4), 23(4) and (7)(b)(1), (b)(4), 24, 25, 26. A town supervisor may declare a state of emergency over and promulgate orders with respect to property owned by another municipality that lies within the town’s boundaries, […]

Dennis S. Cohen, Esq. Attorney General of New York — Opinion Dated: November 5, 1986 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), (12) and (14), (d)(3) and (e)(3); STATUTE OF LOCAL GOVERNMENTS, § 10(6); VILLAGE LAW, §7-718. A village by local law may amend or supersede section 7-718 of the Village Law to authorize the establishment […]

Frank J. Phillips, Esq. Attorney General of New York — Opinion August 1, 1997 A deputy building inspector may perform inspections on the building inspector’s home and issue any necessary permits. SIOBHAN S. CRARY, Assistant Attorney General Informal Opinion Frank J. Phillips, Esq. Town Attorney Town of Stony Point 74 East Main Street Stony Point, […]