Category: Attorney General Opinions

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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). […]

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 […]

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) […]

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. […]

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 […]

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 […]

Hon. Peter J. Hopkins Attorney General of New York — Opinion Dated: June 28, 1979 VILLAGE LAW, § 4-400 (1) (c) A village board of trustees does not have the power to remove a village attorney who holds his position through appointment by the mayor and, consequently, a resolution of a board of trustees that […]

Anthony M. Cerreto, Esq. Attorney General of New York — Opinion February 6, 1998 MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW §18. Section 18 of the Public Officers Law is not the exclusive scheme for defense and indemnification by a local government. A local government may provide for defense and indemnification by local […]

Lawrence H. Weintraub, Esq. Attorney General of New York — Opinion August 8, 1997 A conflict of interests does not result from the village attorney’s private practice before the town planning board, of which the mayor is a member. JAMES D. COLE, Assistant Attorney General Informal Opinion Lawrence H. Weintraub, Esq. Village Attorney Village of […]

Rolf M. Sternberg, Esq. Attorney General of New York — Opinion Dated: November 16, 1978 L 1911, Ch 360, as amended to date and as published in McKinney’sUnconsolidated Laws § 971; TAYLOR LAW (CIVIL SERVICE LAW §§200-214); LABOR LAW § 168 (2) Village Policemen — limitation on hours of work and tours of duty. In […]

Robert Trotta, Esq. Attorney General of New York — Opinion Dated: July 9, 1984 TOWN LAW, § 271. Under section 271 of the Town Law, the membership of a planning board may be increased from five to seven members. Robert Trotta, Esq. Town Attorney, North East You have inquired as to the procedure for increasing […]