Attorney General of New York — Opinion David C. Dempsey, Esq., Town Attorney Issued on: June 6, 1991 CRIMINAL PROCEDURE LAW §§ 2.10(26), 2.20; EXECUTIVE LAW, ART 2-B;McKINNEY’s UNCONSOLIDATED LAWS §§ 9101, et seq., 9123(22), 9185;PENAL LAW § 400. Counties may form auxiliary police units on behalf of towns. The powersof auxiliary police officers are […]
Category: Attorney General Opinions
Opn. No. 2003-8
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 […]
Informal Opinion No. 89-65
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 […]
Opn. No. I92-53
J. Philip Zand, Esq., Village Attorney Attorney General of New York — Opinion Issued on: September 2, 1992 GENERAL MUNICIPAL LAW, ART 17, § 703. A village may not annex land exclusively within the bounds of a Statehighway in order that properties which adjoin the highway but do nototherwise adjoin the village may thereafter by […]
Opn. No. 1976-47
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 […]
Opn. No. 2003-6
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 […]
Opn. No. I93-44
John W. Caffry, Esq., Village Attorney Attorney General of New York — Opinion Issued on: July 27, 1993 VILLAGE LAW § 7-718(3); L 1993, CH 663, § 3. A village board of trustees may perform the planning functions that wouldnormally be performed by the planning board. James D. Cole, Assistant Attorney General Requestor: John W. […]
Opn. No. 1977-111
SAMUEL W. EAGER, ESQ. Attorney General of New York — Opinion Dated: February 16, 1977 TOWN LAW §§ 220(5), 221, 232, Article 12 (§§ 190 — 208-a), Article12-A (§§ 209 — 209-h); GENERAL MUNICIPAL LAW § 120-v; HIGHWAY LAW §141(1) TOWN DUMP OR SANITARY LANDFILL VILLAGE RESIDENTS’ RIGHT TO USE SAME If two towns, by […]
Opn. No. 1978-254
Hon. F. Jay Juracka Attorney General of New York — Opinion Dated: September 1, 1978 GENERAL MUNICIPAL LAW, § 128 (5). The Board of Managers of the Glenridge Hospital, a public general hospital of Schenectady County, is authorized to rent for a fair charge temporary excess space to a part-time Medical Director of said Hospital […]
Opn. No. I91-28
Sandra L. Berman, Esq., Town Attorney Attorney General of New York — Opinion Issued on: April 23, 1991 CRIMINAL PROCEDURE LAW, §§ 2.10(a), (d), 100.10, 150.20(3); VEHICLEAND TRAFFIC LAW § 511-b. Park rangers employed by the Town of Smithtown, Suffolk County, areauthorized, as peace officers, to issue uniform traffic tickets under theVehicle and Traffic Law, […]
Opn. No. 99-F3
Hon. Alexander F. Treadwell Attorney General of New York — Opinion June 18, 1999 COUNTY LAW § 225-a(5); STATE FINANCE LAW § 97-pp; TOWN LAW §184(1); L 1994, CH 599. A transaction in which a municipality would apply for a loan from the emergency services revolving loan account as a “surrogate” for a private fire […]
Opn. No. 1978-35
Hon. Arthur Levitt Attorney General of New York — Opinion Dated: March 27, 1978 NEW YORK CONSTITUTION, Article VII, §§ 9, 16 — Issuance ofDeficit Tax and Revenue Anticipation Notes. Tax and Revenue Anticipation Notes (“TRANs”) may be issued at the end of a fiscal year to meet a deficit in revenues relative to budgeted […]
Opn. No. 1980-83
Hon. Sanford H. Levine Attorney General of New York — Opinion Dated: June 23, 1980 NY CONST, Art V § 7; RETIREMENT AND SOCIAL SECURITY LAW, Art VII§§ 210, 211, 215. Former provision of Retirement and Social Security Law § 210(f) establishing State University as separate employer did not create contractual relationship protected by the […]
Opn. No. 98-17
Ronald Goldman, Esq. Attorney General of New York — Opinion May 11, 1998 VILLAGE LAW § 3-300(4). A person may hold simultaneously the positions of clerk treasurer in one village and member of the board of trustees of another village. JAMES D. COLE, Assistant Attorney General Informal Opinion No. 98-17 Ronald Goldman, Esq. Village Attorney […]
Informal Opinion No. 88-49
Glenn S. Hackett, Esq. Attorney General of New York — Opinion Dated: July 20, 1988 ELECTION LAW, §§ 3-302, 3-400; ELECTION LAW (1949), § 39 (3); GENERAL MUNICIPAL LAW, § 806, MUNICIPAL HOME RULE LAW, § 10 (1) (ii) (a) (1); L 1976, Ch 233, § 1. A person running for or holding an elective […]
Opn. No. 2002-9
Attorney General of New York — Opinion March 4, 2002 GENERAL MUNICIPAL LAW §§ 808(2) and (3), 980-c, 980-j, 980-l. A member of a village Board of Trustees must avoid circumstances which compromise his or her ability to make decisions solely in the public interest. Therefore, if a member of a village’s Board of Trustees, […]
Opn. No. 1979-263
Robert E. Heath, Esq. Attorney General of New York — Opinion Dated: December 10, 1979 N.Y. CONST. ART. XIII § 3; PUBLIC OFFICERS LAW §§ 10, 31(2);COUNTY LAW § 402; TOWN LAW §§ 25, 64(5); MUNICIPAL HOME RULE LAW§ 10(1[ii(a[13(b)])]): In a county which has not passed a local law authorizing the simultaneous holding of […]
Opn. No. 81-81
Paul J. Monsell, Esq. Attorney General of New York — Opinion Dated: June 2, 1981 GENERAL CITY LAW, § 83; TOWN LAW § 265; VILLAGE LAW § 7-708. Discussion as to what property owners qualify to file an objection to a proposed zoning change. Paul J. Monsell, Esq. Village Attorney, Mamaroneck You request our opinion […]
Opn. No. 2000-3
Randal B. Caldwell, Esq. Attorney General of New York — Opinion April 7, 2000 PARKS, RECREATION AND HISTORIC PRESERVATION LAW §§ 1501, 1509. A municipality may engage in limited and selected cutting of timber on park land to preserve the land and to enhance its use by the public. Proceeds of the harvesting of timber […]
Opn. No. 2007-6
J. William O’Brien. Attorney General of New York — Opinion. August 28, 2007. ELMIRA CITY CHARTER §§ 166-a, 166-d, 166-f(a), 166-f(b), 166-f(h), 166-g, 166-i, 166-n, 166-n(aa), 166-n(d), 166-n(e), 166-n(f), 166-n(h), 166-n(j), 166-o, 166-r, 166-s, 166-t, 166-u; MUNICIPAL HOME RULE LAW §§ 10(1)(I), 10(1)(ii)(a)(1), 10(1)(ii)(c)(1), 23(2)(e); NEW YORK STATE CONSTITUTION ART. IX, § 2(c), ART. IX, […]