Category: Attorney General Opinions

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 […]

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 […]

PAUL B. BERGINS Attorney General of New York — Opinion Dated: January 15, 1976 GENERAL CITY LAW, § 3; GENERAL MUNICIPAL LAW, Article 12-D, §239-q; CHARTER OF THE CITY OF WHITE PLAINS, § 26. The same person may simultaneously be a member of the Common Council of the City of White Plains and a member […]

Lynne A. Bizzarro, E Attorney General of New York — Opinion July 21, 2003 GENERAL MUNICIPAL LAW §§ 805-a(1)(c) and (d). A part-time assistant town attorney whose work is limited to matters relating to the town plumber’s examining board may represent private clients before other town agencies so long as compensation is fixed according to […]

Robert C. Mulvey, Esq. Attorney General of New York — Opinion Dated: December 4, 1989 ALCOHOLIC BEVERAGE CONTROL LAW, § 106(17); L 1989, Ch 217. A county is preempted from passing a local law that prohibits the sale of alcoholic beverages by vending machines in hotel/motel rooms. Robert C. Mulvey, Esq. County Attorney, Tompkins You […]

RAYMOND T. SCHULER Attorney General of New York — Opinion Dated: July 26, 1976 ENVIRONMENTAL CONSERVATION LAW, § 24-0501. If a local government fails to adopt a local fresh-water wetlands law or ordinance by September 1, 1976, or if a county so fails to act within 90 days thereafter, that local government or county would […]

Marcia L. LeMay, Esq. Attorney General of New York — Opinion July 15, 2003 HIGHWAY LAW §§ 140, 141; GENERAL MUNICIPAL LAW, ART. 6, §§ 126-a, 127(3), 128; TOWN LAW §§ 20(4), 32, 104, 106. One person may simultaneously hold the elected office of superintendent of highways of a town and the appointed position of […]