Category: Attorney General Opinions

George H. Getman, Esq. Attorney General of New York — Opinion Dated: March 16, 1987 PUBLIC HOUSING LAW, § 34; ILION VILLAGE CHARTER, §§ 16(14), 67. Under the provisions of the Public Housing Law and the village’s special charter, the board of trustees is unauthorized to withhold funds for disciplinary hearings authorized by the mayor […]

James J. Nolletti, Esq. Attorney General of New York — Opinion Dated: July 12, 1989 CRIMINAL PROCEDURE LAW, § 2.10(26); DEFENSE EMERGENCY ACT, § 9185; GENERAL MUNICIPAL LAW, §§ 208-d, 208-e. A village may prohibit members of its auxiliary police force from joining the volunteer fire department, rescue squad or ambulance squad. James J. Nolletti, […]

HON. IRA PULVER Attorney General of New York — Opinion Dated: January 28, 1977 GENERAL BUSINESS LAW, § 130(1), former PENAL LAW, § 440; formerPENAL CODE, § 363-b; GENERAL CONSTRUCTION LAW, § 35. Two or more persons may file a certificate under General Business Law, § 130 to the effect that they are doing business […]

Raymond J. Elliot, III, Esq. Attorney General of New York — Opinion Dated: January 15, 1981 VEHICLE AND TRAFFIC LAW, §§ 1622, 1652-a, 1662-a, 1681 (d), 1682. A town which establishes new speed limits on county highways under section 1662-a of the Vehicle and Traffic Law is responsible for removal of existing signs and placement […]

Henry A. LaRaia, Esq. Attorney General of New York — Opinion Dated: December 26, 1978 COUNTY LAW §§ 250-280 (Article 5-A) COUNTY SEWER DISTRICT BOUNDARIES The area of an existing county sewer district created under County Law Article 5-A may not be diminished. Henry A. LaRaia, Esq. Counsel, Herkimer County Sewer District We acknowledge receipt […]

James E. Rooney, Esq Attorney General of New York — Opinion Dated: July 1, 1987 ELECTION LAW, § 3-200(4) and (6). The nomination and election of a person holding the position of election commissioner to the office of member of a city board of education are nullities. James E. Rooney, Esq North Tonawanda School Board […]

Hon. Joseph J. Cassata, Jr. Attorney General of New York — Opinion Dated: December 7, 1978 GENERAL MUNICIPAL LAW, Article 18, §§ 800-809 Conflict of Interest — The employment of an alderman, as a real estate sales agent, does not automatically create a conflict of interest even if he is also chairman of the Land […]

Richard B. Meyer, Esq. Attorney General of New York — Opinion Dated: November 3, 1986 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(12) and 10(4). A village by local law may employ persons, not having the status of police or peace officers, for crowd and traffic control during special events in the village and may grant to […]

Anne R. Lawrence, Esq. Attorney General of New York — Opinion Dated: August 19, 1981 NY CONST, Art III, § 10; COUNTY LAW, § 211 (1). The published proceedings of a county legislative body must include such portion of the minutes of meetings as is necessary to establish the regularity of the transaction of business. […]

Hon. David R. Essig Attorney General of New York — Opinion Dated: March 27, 1978 PENAL LAW, § 265.20(a)(1)(b). In the absence of specific Federal authority, an off-duty Federal corrections officer may not possess or carry a weapon as defined in Article 265 of the Penal Law without a New York State license. Hon. David […]

EDWARD M. KOLBELL, ESQ. Attorney General of New York — Opinion Dated: April 19, 1976 TOWN LAW § 176(21) A board of fire commissioners has no authority to assess fines, penalties or other charges against the owners of school buildings, private hospitals and nursing homes in which the fire district has installed fire alarm systems […]

Michael L. Klein. Attorney General of New York — Opinion February 15, 2006. N.Y. CONST. Art. IX, § 2(c)(10); PENAL LAW §§ 260.20(2), 260.21(1); ALCOHOLIC BEVERAGE CONTROL LAW §§ 65(1), 65(5), 65-a, 65-b(2)(a), (b), 65-c, 65-d, 79-c(1), 99-f, 100(2-a), (2-b), 106(17), 126(2); GENERAL OBLIGATIONS LAW §§ 11-100(1), 398-c, 399-d; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); […]

HON. MORRIS D. STRAUSS Attorney General of New York — Opinion Dated: October 18, 1977 ALCOHOLIC BEVERAGE CONTROL LAW, § 128(1); Former JUSTICE COURTAct, § 14; UNIFORM JUSTICE COURT ACT, § 2300(f). Alcoholic Beverage Control Law, § 128(1) would not proscribe a village justice from being a licensee under the Alcoholic Beverage Control Law to […]

William F. Ketcham, Esq. Attorney General of New York — Opinion December 31, 1996 EXECUTIVE LAW §§ 377(2)(a), 379; GENERAL CITY LAW §§ 32, et seq.; REAL PROPERTY TAX LAW, ART 11, TITLE 3. A municipality is not authorized to condition the issuance of permits or licenses affecting real property upon the payment of delinquent […]

HON. FRANK A. GULOTTA Attorney General of New York — Opinion Dated: October 31, 1977 PUBLIC OFFICERS LAW, § 17. JUDICIARY LAW, § 90. 20 NYCRR 691. Members of the Joint Bar Association Grievance Committees of the Second Judicial Department are not employees or officers of the State for purposes of indemnification and representation, pursuant […]

HON. ALFRED F. SICA Attorney General of New York — Opinion Dated: March 7, 1977 MILITARY LAW, § 303. The Federal Soldiers’ and Sailors’ Civil Relief Act of 1940, codified as 50 U.S.C.A., App. sections 501-590, inclusive, is still in full force and effect and therefore a county clerk may not enter a default judgment […]

ELI GINGOLD Attorney General of New York — Opinion Dated: January 20, 1976 TAX LAW, § 1262(c); MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(8);L. 1969, Ch. 1023. The County of Onondaga is not authorized to allocate additional sales tax revenues to the Town of Clay on the basis of population figures as determined by a town-wide […]

Richard H. Edwards, Esq. Attorney General of New York — Opinion Dated: July 23, 1981 EXECUTIVE LAW, Art 27 (Adirondack Park Agency), § 803-a; GENERAL MUNICIPAL LAW, Art 18, §§ 803, 805-a (1)(b), 806 (1); PUBLIC OFFICERS LAW, § 74 (3) (c). One person may simultaneously serve as a county legislator and as the Executive […]

James A. Fitzgerald, Esq. Attorney General of New York — Opinion Dated: June 17, 1985 GENERAL MUNICIPAL LAW, §§ 208-d, 208-e, 806. Police officers may not act as security guards in a potentially volatile strike situation. James A. Fitzgerald, Esq. Town Attorney, Stony Point I am writing in response to your request for an opinion […]