Dennis V. Tobolski, Esq., County Attorney Attorney General of New York — Opinion Issued on: September 5, 1991 COUNTY LAW, ART 18-B, §§ 722(3), 722-a; CATTARAUGUS COUNTY LOCALLAW NO. 1-1990, § 22.1 Individuals charged with violating a local law regulating solid waste arenot eligible for assigned counsel under article 18-B of the County Lawwhen the […]
Category: Attorney General Opinions
Informal Opinion No. 86-65
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 […]
Opn. No. 97-35
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, […]
Opn. No. I93-17
Constantine Mularadelis, Esq., Village Attorney Attorney General of New York — Opinion Issued on: February 17, 1993 HIGHWAY LAW §§ 171, 205, 207, 211-a, 212-a. A portion of a highway may not be closed or discontinued except inaccordance with the provisions of the State Highway Law. James D. Cole, Assistant Attorney General Requestor: Constantine Mularadelis, […]
Informal Opinion No. 89-62
Kevin A. Luibrand, Esq. Attorney General of New York — Opinion Dated: November 8, 1989 The common law doctrine of compatibility of office does not prohibit a person from being a candidate for election to a second office. Kevin A. Luibrand, Esq. Town Attorney, Clifton Park Your question is whether a person holding a public […]
Opn. No. 2003-10
Martha Krisel, Esq. Attorney General of New York — Opinion October 17, 2003 N.Y. CONST. ART. IX, § 2(c); GENERAL MUNICIPAL LAW §§ 856, 890-h; MUNICIPAL HOME RULE LAW §§ 2(5), 10; RACING, PARI-MUTUEL WAGERING AND BREEDING LAW §§ 501, 502, 503, 505, 518, 520, 532, 1000, 1001, 1003, 1007, 1008, 1009; L. 2003, CH. […]
Informal Opinion No. 87-22
Alan L. Honorof, Esq. Attorney General of New York — Opinion Dated: March 3, 1987 NY CONST, ART I, § 7(a); MUNICIPAL HOME RULE LAW, §10(1)(ii)(e)(3); VILLAGE LAW, §§ 7-700, 7-708(1), 7-712. A village is authorized to enact a moratorium on the granting of particular use variances by the zoning board even though the local […]
Opn. No. I94-5
Thomas D. Mahar, Jr., Town Attorney Attorney General of New York — Opinion Issued on: February 18, 1994 Municipalities may not enter into an agreement whereby the taxing poweris delegated to an administrative agency. James D. Cole, Assistant Attorney General Requestor: Thomas D. Mahar, Jr., Town Attorney Town of Poughkeepsie P.O. Box 3209 Poughkeepsie, N […]
Opn. No. 1979-64
Hon. Thomas J. Callanan Attorney General of New York — Opinion Dated: February 22, 1979 PENAL LAW, § 65.10(2) (f-1) Performing public services cannot be made a condition of probation for a class D or E felony. However, such a probationer may voluntarily perform public services. Hon. Thomas J. Callanan Director New York State Division […]
Opn. No. 1978-131
Hon. Norman Goodman Attorney General of New York — Opinion Dated: April 7, 1978 PARTNERSHIP LAW, § 91(1)(a)(V) The requirement for the statement of term in the Certificate of Limited Partnership is not a limiting phrase and a limited partnership may have an indefinite term. Hon. Norman Goodman County Clerk, New York County This is […]
Informal Opinion No. 83-28
Stephen A. Sacca, Esq. Attorney General of New York — Opinion Dated: April 28, 1983 GENERAL MUNICIPAL LAW, § 239-x, 239-y; MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(ii)(a)(12) and (14), 10(2); STATUTE OF LOCAL GOVERNMENTS, § 10(6). A local government by local law may modify the review powers of a conservation board. Stephen A. Sacca, […]
Opn. No. 99-18
Martha Krisel, Esq. Attorney General of New York — Opinion July 13, 1999 NY CONST, ART VIII, § 1; VILLAGE LAW § 1-102. A village may sell a municipal parking field in exchange for another parcel of real property, provided the transaction promotes the public interest. YVONNE M. HOVE, Assistant Attorney General Martha Krisel, Esq. […]
Opn. No. 1978-277
Charles Palm, Edq. Attorney General of New York — Opinion Dated: October 3, 1978 N.Y. CONST., Art. VI; Art. IX, § 3 (a[2]) MUNICIPAL HOME RULELAW, § 11 (1[3]) Conflicts of Interest It would create a conflict of interest to allow or require a county attorney to be the individual who appoints attorneys to represent […]
Opn. No. 96-13
Kevin M. McArdle, Esq. Attorney General of New York — Opinion March 25, 1996 MENTAL HYGIENE LAW §§ 41.03, 41.05, 41.09. The Lewis County Community Services Board may provide a fixed term of office for the director of mental hygiene. JAMES D. COLE, Assistant Attorney General Kevin M. McArdle, Esq. Informal Opinion County Attorney No. […]
Opn. No. 2001-2
Alfred Samenga, Esq. Attorney General of New York — Opinion April 5, 2001 REAL PROPERTY LAW, ART 9, §§ 290(3), 291, 316. County Clerks have no obligation to record Mortgage Electronic Recording Systems (MERS) as the mortgagee of record where MERS is not the actual mortgagee. Doing so (1) violates the terms of N.Y. Real […]
Opn. No. 98-12
James R. O’Day, Esq. Attorney General of New York — Opinion March 19, 1998 A paid fire fighter of a fire department providing service by contract to a fire district may not also serve as a commissioner of that district. JAMES D. COLE, Assistant Attorney General Informal Opinion No. 98-12 James R. O’Day, Esq. Oneonta […]
Opn. No. 1980-220
Arkley L. Mastro, Jr., Esq. Attorney General of New York — Opinion Dated: September 18, 1980 VILLAGE LAW, §§ 3-300 (4), 20-2006. There is no incompatibility between the office of part time county district attorney and the part time employment of the same person as village attorney in a village within the same county and […]
Opn. No. 95-36
Jonathan Heidelberger, Esq. Attorney General of New York — Opinion July 25, 1995 CIVIL SERVICE LAW § 58(1-c); VILLAGE LAW §§ 3-300(3), 3-301(3), 3-308(3), 4-400(e). The mayor may appoint a single member of the board of trustees to be commissioner of the village police department. JAMES D. COLE, Assistant Attorney General Jonathan Heidelberger, Esq. Informal […]
Opn. No. I92-13
C. Francis Giaccone Attorney General of New York — Opinion Issued on: February 24, 1992 A person may serve as a member of a central school district board ofeducation and as a volunteer in the athletic department. James D. Cole, Assistant Attorney General Requestor: C. Francis Giaccone, Esq., Board of Education of Middle Country Central […]
Opn. No. 1976-42
PETER A.A. BERLE Attorney General of New York — Opinion Dated: June 25, 1976 ENVIRONMENTAL CONSERVATION LAW §§ 3-0301(1) (v), 3-0301(2) (b),3-0113; STATE FINANCE LAW §§ 106, 121(1), 121(4); CONSERVATIONLAW § 12. Environmental Conservation Department may enter into a contract with a computer subscription firm for its services in handling subscriptions for The New York […]