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); […]

Gary S. Bittner, Esq. Attorney General of New York — Opinion Dated: December 5, 1978 EDUCATION LAW, § 2509 (4) Education Law, § 2509 (4) authorizes a city board of education in a city of less than 125,000 inhabitants to appoint a person to the position of school district attorney in the employ of the […]

John L. Kirkpatrick, Esq. Attorney General of New York — Opinion April 29, 1997 REAL PROPERTY TAX LAW § 1402(2). A person may not hold simultaneously the positions of town assessor and mayor of a village in the town. The individual may be a candidate for the office of mayor but must vacate the office […]

ROBERT E. FREY, ESQ. Attorney General of New York — Opinion Dated: January 27, 1977 FORMER VILLAGE LAW §§ 360 through 374 (Article 15-A) VILLAGE MANAGER FORM OF GOVERNMENT POWER OF APPOINTMENT TO FILL OFFICES In the Village of Mamaroneck, which operates under the Village Manager form of government, that form of government is continued […]

HON. PETER G. STRIPHAS Attorney General of New York — Opinion Dated: October 13, 1976 COUNTY LAW, § 224 (17) and (18); CHAPTER 585 OF THE LAWS OF1975. The Orange County Board of Supervisors cannot delegate the power granted to it by the State Legislature to establish and operate a foreign trade zone when the […]

JOHN P. KANE, ESQ. Attorney General of New York — Opinion Dated: January 26, 1976 TOWN LAW § 176, subd. 23 A mandatory referendum is required for the sale of personal property of a fire district no longer necessary for fire district purposes unless one of the exceptions mentioned in the statute applies. JOHN P. […]