Anthony Salvatore, Esq. Attorney General of New York — Opinion Dated: August 9, 1985 TOWN LAW, §§ 174(4), 176(17), (18-a) and (21), 178. The positions of fire district manager and fire district secretary are compatible. Compatibility of fire district manager and counsel to the fire district is dependent on the duties of each office, which […]
Category: Attorney General Opinions
Opn. No. 95-17
Richard W. Breslin, Esq. Attorney General of New York — Opinion March 2, 1995 GENERAL MUNICIPAL LAW §§ 810, 811; PUBLIC OFFICERS LAW § 18; 29 U.S.C. § 1511(a)(1); 29 U.S.C. § 1512(a), (c), (d), (e), (g); 29 U.S.C. § 1513(a), (b), (d), (e). Members of a private industry council, except for those serving in […]
Opn. No. F93-1
Hon. Vincent Tese, Commissioner Attorney General of New York — Opinion Issued on: February 9, 1993 ECONOMIC DEVELOPMENT LAW, ART 5-A, §§ 160, 161(c), 164, 165. The Department of Economic Development has discretion to determine thetype of proof required to indicate the commitment of local funds bytourist promotion agencies under the Tourist Promotion Act’s matchingfunds […]
Opn. No. I90-49
David P. Fishbein, Town Attorney Attorney General of New York — Opinion Issued on: June 4, 1990 GENERAL CONSTRUCTION LAW, § 60; TOWN LAW, § 64. A newspaper which has been designated by a town as an official newspaperdoes not cease to be the official newspaper if it changes its name,changes its format, or if […]
Opn. No. I90-78
David Avstreih, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: November 7, 1990 CIVIL PRACTICE LAW AND RULES §§ 8012, 8013, 8014; CRIMINAL PROCEDURELAW, § 2.10; MUNICIPAL HOME RULE LAW, § 10; PUBLIC OFFICERS LAW,§ 18. Mount Vernon city marshals, not being employees of the city within themeaning of section 18 […]
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 […]
Informal Opinion No. 88-45
Randall V. Coffill, Esq. Attorney General of New York — Opinion Dated: May 26, 1988 PUBLIC HOUSING LAW, §§ 31, 521; PUBLIC OFFICERS LAW, §§ 2, 3 (1) and 30 (1) (d). The chairman of the Port Jervis Housing Authority is a local officer subject to the provisions of sections 3 and 30 of the […]