Charlene M. Indelicato, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: February 18, 1993 TOWN LAW § 202; TRANSPORTATION CORPORATIONS LAW § 42. Expenses of a contract between a city and a water-works corporation forthe provision of water to fire hydrants must be assessed through realproperty taxation. James D. Cole, Assistant […]
Category: Attorney General Opinions
Opn. No. 1977-258
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 […]
Opn. No. 96-45
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 […]
Opn. No. 1977-68
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 […]
Opn. No. 1977-124
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 […]
Opn. No. 1976-105
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 […]
Opn. No. 81-101
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 […]
Informal Opinion No. 85-45
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 […]
Opn. No. 1976-166
HON. EDWARD S. CORNER Attorney General of New York — Opinion Dated: April 13, 1976 TOWN LAW, Article 10 (POLICE), §§ 150(1) and (2) and 154. Under the above article and sections, contained in said article, the power to establish a town police department and appoint a chief of police and such officers and patrolmen […]
Opn. No. 99-40
John P. Courtney, Esq. Attorney General of New York — Opinion December 30, 1999 GENERAL CONSTRUCTION LAW § 66; PUBLIC OFFICERS LAW § 30(1)(h); TOWN LAW §§ 30, 174, 176. The positions of town clerk and fire district commissioner are compatible. WILLIAM E. STORRS, Assistant Solicitor General John P. Courtney, Esq. Informal Opinion No. 99-40 […]
Opn. No. 98-2
Terry J. Wilhelm, Esq. Attorney General of New York — Opinion February 5, 1998 TOWN LAW ART 12-A; VILLAGE LAW § 19-1900(3). A proposal to dissolve a village government does not fall within the narrow exception to the one-person, one-vote principle. The provisions of the village charter that require property ownership as a qualification to […]
Opn. No. I92-9
Harvey A. Arnoff, Esq., Town Attorney Attorney General of New York — Opinion Issued on: February 13, 1992 FAMILY COURT ACT §§ 254, 254-a, 301.2; MUNICIPAL HOME RULE LAW§ 10(4)(b); PENAL LAW §§ 10.00, 30.00(2), 55.00, 125.25(1) and (2);TOWN LAW § 135. A person under the age of sixteen is immune from criminal prosecution ofoffenses […]
Opn. No. 83-F1
Honorable Thomas J. Callanan Attorney General of New York — Opinion Dated: February 10, 1983 CRIMINAL PROCEDURE LAW, § 2.10(24); EXECUTIVE LAW, § 257(5); PUBLIC OFFICERS LAW, §§ 3(1), 3-b; L 1982, Ch 133. A probation officer must be a United States citizen. Honorable Thomas J. Callanan State Director Division of Probation Your counsel has […]
Opn. No. 82-26
Dennis Morris, Esq. Attorney General of New York — Opinion Dated: April 9, 1982 VEHICLE AND TRAFFIC LAW, §§ 1600, 1604 and 1640(5), (10). A village may not enact a regulation authorizing vehicles over a certain weight to use certain highways upon receipt of a permit and payment of a fee to compensate for anticipated […]
Opn. No. 98-47
Willis H. Stephens, Jr., Esq. Attorney General of New York — Opinion November 2, 1998 LIMITED LIABILITY COMPANY LAW § 201; TRANSPORTATION CORPORATIONS LAW, ART 10, §§ 116, 118, 119; L1960, CH1067. A sewage-works corporation organized under the New York Transportation Corporations Law may not reorganize as a limited liability company. SIOBHAN S. CRARY, Assistant […]
Opn. No. I92-28
Stephen M. Abdella, Esq., County Attorney Attorney General of New York — Opinion Issued on: May 13, 1992 ALCOHOLIC BEVERAGE CONTROL LAW §§ 16, 31(2), 39, 40. The spouse of a county legislator may serve as a member of a countyalcoholic beverage control board. James D. Cole, Assistant Attorney General Requestor: Stephen M. Abdella, Esq., […]
Opn. No. I90-67
Robert C. Mulvey, Esq., County Attorney Attorney General of New York — Opinion Issued on: November 7, 1990 MENTAL HYGIENE LAW, §§ 41.01, 41.11. The chair of a community services board may simultaneously hold theoffice of member of the county board of representatives. James D. Cole, Assistant Attorney General Requestor: Robert C. Mulvey, Esq., County […]
Opn. No. 1976-172
HON. GEORGE E. SCHAEFER, Jr. Attorney General of New York — Opinion Dated: April 20, 1976 PARI-MUTUEL REVENUE LAW, § 130 (McKinney’s Unconsolidated Laws,§ 8076). Pursuant to Pari-Mutuel Revenue Law, § 130, the first day upon which off-track pari-mutuel betting is conducted in a locality imposing an admission tax is the date on which a […]
Informal Opinion No. 83-66
James C. Tomasi, Esq. Attorney General of New York — Opinion Dated: November 28, 1983 EXECUTIVE LAW, §§ 812(2), 819; TRANSPORTATION CORPORATIONS LAW, §27. A cable television company desiring to establish cable television facilities within the right-of-way of a public highway established by prescription or user must be franchised by the municipality in which such […]
Formal Opinion No. 85-F6
Major General Vito J. Costellano Attorney General of New York — Opinion Dated: August 22, 1985 PUBLIC OFFICERS LAW, §§ 74(3)(a), (h). Persons serving as full-time employees of the State in the field of emergency management, who also serve as part-time members of Federal disaster inspection teams, do not have a prohibited conflict of interest […]