Category: Attorney General Opinions

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 […]

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 […]

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, […]

Guido A. Loyola, Esq. Attorney General of New York — Opinion Dated: December 11, 1989 MUNICIPAL HOME RULE LAW, § 10(4). A local government may authorize the issuance of appearance tickets by public servants having responsibility for enforcement of parking regulations. Guido A. Loyola, Esq. Deputy Corporation Counsel, Schenectady You have asked under what circumstances […]

Daniel G. Schum, Esq. Attorney General of New York — Opinion April 26, 1995 MUNICIPAL HOME RULE LAW § 10(1)(i) and (1)(ii)(a)(1); TOWN LAW §§267(3), 271(3), 272-a, 274, 274-a, 276. There is no incompatibility between serving on the planning board and holding a position of employment providing computer services in the town. While a town […]

L. Michael Mackey, Esq. Attorney General of New York — Opinion March 3, 1997 TOWN LAW § 20(4). One person may simultaneously hold the positions of deputy town clerk/receiver of taxes and assessor. SIOBHAN S. CRARY, Assistant Attorney General L. Michael Mackey, Esq. Informal Opinion Town Attorney No. 97-9 Town of Westerlo Box 148 Westerlo, […]

Hon. Howard F. Miller Attorney General of New York — Opinion Dated: March 20, 1979 N.Y. CONST., Article VII, § 8, Article VIII, § 1;26 U.S.C. § 3121 (a); CIVIL SERVICE LAW, § 6(1) (c) GENERALMUNICIPAL LAW, § 92. The State and its subdivisions are not authorized to make payments to their employees solely “on […]

Hon. Martin S. Cooper Attorney General of New York — Opinion Dated: February 11, 1980 PUBLIC OFFICERS LAW, § 74 (3). The provisions of the Public Officers Law are not violated in given circumstances when a public officer deals in his official capacity with the private interests with which he was associated 3 1/2 years […]

Thomas B. Haynes, Esq. Attorney General of New York — Opinion Dated: September 28, 1987 CRIMINAL PROCEDURE LAW, § 160.50; EXECUTIVE LAW, §§ 835(9), 837(6), (7), (8) and (8-a); JUDICIARY LAW, § 255; SOCIAL SERVICES LAW, §§ 371(10), 378-a, 390-b(2)(a), 422; UNIFORM JUSTICE COURT ACT, § 2019-a; VEHICLE AND TRAFFIC LAW, § 1229-d; 9 NYCRR […]

Joshua N. Koplovitz. Attorney General of New York — Opinion. November 19, 2007. General Municipal Law §§ 806, 806(1)(a), Article 18; New York State Constitution Article IX, §§ 2(c), 2(c)(1); Municipal Home Rule Law §§10(1), 10(1)(i), 10(1)(11)(a)(1); Election Law §§ 3-200(1), 3-200(2), 3-200(4), 3-204. A county is authorized to adopt an amendment to its code […]

HON. FLOYD PATTERSON Attorney General of New York — Opinion Dated: December 8, 1977 UNCONSOLIDATED LAWS, §§ 8901-8933; PUBLIC OFFICERS LAW, § 74;19 NYCRR 210.4 Where an inspector of the State Athletic Commission is also licensed by the Commission as a judge, situations could arise where there would be actual or apparent conflict and therefore […]

Vincent Assini, Esq. Attorney General of New York — Opinion Dated: October 12, 1989 GENERAL MUNICIPAL LAW, §§ 805-a(1), 806(1). A municipal officer or employee may not receive any gift having a value of $75 or more under circumstances in which it reasonably could be inferred that the gift will influence him. Vincent Assini, Esq. […]

Harry W. Seibert, Jr., Esq. Attorney General of New York — Opinion Dated: February 25, 1987 COUNTY LAW, § 650; VILLAGE LAW, § 8-800. A village may dissolve its police department and contract with the county for provision of police protection by the sheriff. Harry W. Seibert, Jr., Esq. Village Attorney, Ballston Spa You have […]

Marilyn J. Slaatten, Esq. Attorney General of New York — Opinion February 23, 1996 NY CONST ART IX § 2(3); EXECUTIVE LAW § 837(4)(a); MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW §§ 240.21, 240.30, 240.31; 18 U.S.C.A §§ 241, 245. The county is authorized to consider enacting a local law to require that municipal […]

Hon. Robert P. Lewis Attorney General of New York — Opinion Dated: June 1, 1978 NEW YORK STATE CONSTITUTION, Article XIII, § 3; PUBLIC OFFICERSLAW, § 42(1) and (3). Where there has been a failure to elect a town justice, the office must be filled by holding an election and not by an appointment by […]

Albert F. Seca, Esq. Attorney General of New York — Opinion Dated: May 7, 1986 NY CONST, ART XIII, § 13; COUNTY LAW, §§ 400, 909, 910; PUBLIC OFFICERS LAW, § 17. County clerks in counties within the City of New York are entitled to defense and indemnification under Public Officers Law, § 17 in […]

Hon. Richard Mandell Attorney General of New York — Opinion Dated: April 9, 1979 AGRICULTURE AND MARKETS LAW, § 126 (1); PENAL LAW, § 10.10 (3);CRIMINAL PROCEDURE LAW, § 100.10, § 100.15 and § 100.55 An accusatory instrument by a private citizen may be filed under a local dog ordinance which provides criminal penalties as […]