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. […]
Category: Attorney General Opinions
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. I90-53
Thania F. Bradley, Town Attorney Attorney General of New York — Opinion Issued on: June 11, 1990 A real estate broker, whose firm does business in the town, should notserve as the town assessor. James D. Cole, Assistant Attorney General Requestor: Thania F. Bradley, Town Attorney Town of Sand Lake Star Route #150, Ebert Drive […]
Informal Opinion No. 89-49
Robert E. Muehe, Esq. Attorney General of New York — Opinion Dated: October 17, 1989 CIVIL SERVICE LAW, § 58-a; EDUCATION LAW, § 2502(7); GENERAL MUNICIPAL LAW, § 209-w; RETIREMENT AND SOCIAL SECURITY LAW, §302(11) (d). A fire chief of a city is eligible under section 2502(7) of the Education Law to serve also as […]
Informal Opinion No. 87-43
James E. Downey, Esq. Attorney General of New York — Opinion Dated: June 12, 1987 COUNTY LAW, § 717(1); CRIMINAL PROCEDURE LAW, §§ 10.10(3)(d), 100.10, 110.10. One person may not hold simultaneously the positions of town justice and secretary to the public defender. James E. Downey, Esq. Town Attorney, Pharsalia You have asked whether your […]
Opn. No. 1978-92
Hon. Frederick Fowler Attorney General of New York — Opinion Dated: January 25, 1978 GENERAL MUNICIPAL LAW, §§ 806 and 808; REAL PROPERTY TAX LAW §1524. The question of whether or not an individual who is an active real estate broker in the Town of Brunswick and is also involved in residential construction in that […]
Opn. No. 1979-85
Hon. James C. Tomasi Attorney General of New York — Opinion Dated: January 3, 1979 COUNTY LAW, §§ 150, 400 and 500; TOWN LAW, §§ 20, 24 and 64 County Attorney appointed by Board of Supervisors is appointed to a fixed term of two years. The Board has no authority to remove County Attorney, absent […]
Opn. No. 82-F24
Hon. Edward V. Regan Attorney General of New York — Opinion Dated: December 31, 1982 GENERAL BUSINESS LAW, ART 34-A, §§ 710(3), 715; 12 C.F.R. § 226.2(x), 226.7(h), 226.401; FEDERAL REGISTER, VOL 46, NO 66, p 20893, APRIL 7, 1981; L 1982, Ch 308. A retail purchasing plan amounts to the extension of consumer credit […]
Opn. No. 1977-115
HON. KENNETH A. MacVEAN Attorney General of New York — Opinion Dated: February 17, 1977 MIDDLETOWN CITY COURT ACT. CH. 730, L. 1955 as amended by CH. 244, L.1957; PUBLIC OFFICERS LAW § 43 FILLING VACANCY IN OFFICE OF CITY COURT JUDGE OF THE CITY OF MIDDLETOWN If the elective office of city judge of […]
Informal Opinion No. 88-78
J. Philip Zand, Esq. Attorney General of New York — Opinion Dated: December 29, 1988 GENERAL BUSINESS LAW, §§ 352-e, 352-eee; MUNICIPAL HOME RULE LAW, § 10; 13 NYCRR, subch B, Parts 16-21. A village located outside the Counties of Nassau, Westchester and Rockland is not authorized to enact a local law applying the provisions […]
Opn. No. 1980-237(2)
Francis J. Roche, Esq. Attorney General of New York — Opinion Dated: December 2, 1980 VEHICLE AND TRAFFIC LAW, § 1180 (b), (d). A town justice, when a ticket charging violation of Vehicle and Traffic Law § 1180 (b) is filed with him, may not change the charge unilaterally to violation of § 1180 (d). […]
Informal Opinion No. 88-17
Benjamin A. Russell, Esq. Attorney General of New York — Opinion Dated: February 10, 1988 VILLAGE LAW, § 10-1012. A person may not simultaneously serve as a village trustee and as the chief or assistant chief of a village fire department. Benjamin A. Russell, Esq. Village Attorney, Central Square You have asked whether a conflict […]
Opn. No. 1980-164
Hon. Andrew M. Harkness Attorney General of New York — Opinion Dated: June 5, 1980 NY CONST, Arts III, § 17, IX, §§ 2 (c) (i and II), 2 (b) (3), 3(d) (1) and (4), XVI, § 1; EXECUTIVE LAW, Art 27 (Adirondack ParkAgency); GENERAL CITY LAW, § 81; MUNICIPAL HOME RULE LAW, §§ 2(5) […]
Informal Opinion No. 89-72
Frank I. Brown, Esq. Attorney General of New York — Opinion Dated: December 4, 1989 CIVIL PRACTICE LAW AND RULES, ART 78; UNIFORM JUSTICE COURT ACT, §§ 103, 106; VILLAGE LAW, §§ 7-722, 7-725, 7-726, 7-728. The positions of acting village justice and member of a village planning board are compatible. Frank I. Brown, Esq. […]
Informal Opinion No. 84-39
Allen I. Sak, Esq. Attorney General of New York — Opinion Dated: August 28, 1984 GENERAL BUSINESS LAW, §§ 60, 61, 62, 69-f; MUNICIPAL HOME RULE LAW, §§ 2(5), 10; TOWN LAW, §§ 136, 137. A town may designate the town clerk as the licensing authority for scrap processors under Article 6-C of the General […]
Opn. No. 1979-48
Hon. Richard A. Berman Attorney General of New York — Opinion Dated: August 1, 1979 PUBLIC OFFICERS LAW, § 73(7). Former employees of the Department of Health are prohibited for two years after termination of their employment from appearing before such Department in relation to matters with which they were directly concerned or in which […]