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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 81-48
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 […]
Informal Opinion No. 87-77
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 […]
Informal Opinion No. 86-51
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 […]
Opn. No. 96-19
Kelli P. McCoski, Esq. Attorney General of New York — Opinion June 26, 1996 GENERAL MUNICIPAL LAW, ART 18-A, §§ 856(2), 895-b. Members of the Montgomery County Industrial Development Agency serve at the pleasure of the appointing authority. An act of the State Legislature would be required to provide a term for these positions. JAMES […]
Formal Opinion No. 86-F11
Hon. Frank W. Bratt Attorney General of New York — Opinion Dated: December 31, 1986 SOIL AND WATER CONSERVATIONS DISTRICTS LAW, § 6; L 1985, Ch 162. A seven member board of directors of a county soil and water conservation district may include only two members of the county legislative body. Hon. Frank W. Bratt […]
Opn. No. 99-35
P. Michael Shanley, Esq. Attorney General of New York — Opinion October 25, 1999 COUNTY LAW § 411; ELECTION LAW § 17-110; PUBLIC OFFICERS LAW, ART 7, § 108; SECOND CLASS CITIES § 144. The positions of county legislator and policeman of a city located within the county are compatible. A policeman may be a […]
Opn. No. 98-F4
Hon. Barbara A. DeBuono Attorney General of New York — Opinion March 31, 1998 NY CONST, ART XIII, § 4; SOCIAL SERVICES LAW § 367-a; 42 U.S.C. § 1396a(a)(10)(E)(iv)(I), (II); 42 U.S.C. § 1396u-3. Because Social Services Law § 367-a(3) does not authorize Medicaid payment of Medicare Part B premiums for anyone whose current income […]
Opn. No. 96-42
William J. Burke, Esq. Attorney General of New York — Opinion December 31, 1996 ESTATES, POWERS AND TRUSTS LAW § 1-2.13; COUNTY LAW § 677(3)(b). Section 677(3)(b) of the County Law governs the availability of autopsy reports subject to any Federal requirements that apply because of the ongoing Federal investigation. JAMES D. COLE, Assistant Attorney […]
Opn. No. 82-47
Richard A. Ehlers, Esq. Attorney General of New York — Opinion Dated: June 28, 1982 TOWN LAW, §§ 50-a, 52 and 63. The town board is the administrative arm of town government. In suburban towns, the supervisor is the chief executive and the head of the administrative branch of town government. Towns by local law […]
Opn. No. 1979-147(2)
Jonathan R. Kopald, Esq. Attorney General of New York — Opinion Dated: May 14, 1979 TOWN LAW §§ 267 (1), 271, 274-a If a town establishes a planning board the town board no longer has jurisdiction to perform any of the functions which are assigned to a planning board by State statute even though without […]
Opn. No. 1978-269
Hon. Jonathan A. Weinstein Attorney General of New York — Opinion Dated: September 22, 1978 VEHICLE AND TRAFFIC LAW, §§ 236 (1), 1200 (c); GENERAL MUNICIPALLAW, §§ 370, 371; UNIFORM DISTRICT COURT ACT, §§ 2401, 2402;UNIFORM JUSTICE COURT ACT, § 1502. Under the Vehicle and Traffic Law, a village may not create a parking violations […]
Opn. No. 81-83
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 […]