Edward W. Doyle, Esq. Attorney General of New York — Opinion Dated: July 6, 1983 MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(1); TOWN LAW, § 64(5). A town Recreation Commission may not appoint one of its members as Assistant to the Recreation Superintendent. The employment of a former commissioner to such position is not void simply […]
Category: Attorney General Opinions
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 […]
Informal Opinion No. 87-86
Mark Davies, Esq. Attorney General of New York — Opinion Dated: November 13, 1987 GENERAL MUNICIPAL LAW, §§ 239-m, 239-n; VILLAGE LAW, §§ 7-700, 7-704, 7-730, 7-732; L 1961, Ch 822. A village may impose conditions on streets in a proposed subdivision as long as those conditions are reasonable and rationally related to legitimate zoning […]
Opn. No. 82-33
Arlington R. Gleckner, Esq. Attorney General of New York — Opinion Dated: May 25, 1982 COUNTY LAW, § 411; MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a) (13)(b); TOWN LAW, § 34. A town comptroller or a town recreational employee working with youth may simultaneously serve as a county legislator. Arlington R. Gleckner, Esq. Town Attorney, Southport […]
Opn. No. F92-9
Hon. Franklin E. White, Commissioner Attorney General of New York — Opinion Issued on: December 8, 1992 VEHICLE AND TRAFFIC LAW §§ 101, 117-a, 1101, 1103, 1104; L 1974,CH 223; L 1941, CH 127. A person described in Vehicle and Traffic Law § 1103(b) who withreckless disregard for the safety of others violates any Rules […]
Opn. No. 1977-297
MICHAEL T. WELSH, ESQ. Attorney General of New York — Opinion Dated: December 7, 1977 COUNTY LAW § 411; VILLAGE LAW § 3-300(4); MUNICIPAL HOME RULELAW § 10 COMPATIBILITY OF OFFICE A village mayor may, at the same time, be a county legislator of the county in which the village lies unless a local law […]
Opn. No. 1977-295
GEORGE LEFTOFF, ESQ. Attorney General of New York — Opinion Dated: December 7, 1977 GENERAL MUNICIPAL LAW § 205-b; TOWN LAW §§ 170-189 Volunteer Firemen are not covered by the provisions of the Volunteer Firemen’s Benefit Law when attending a funeral, whether such attendance is pursuant to orders or by permission from the chief or […]
Opn. No. 1980-231
Robert P. Lewis, Esq. Attorney General of New York — Opinion Dated: November 13, 1980 TOWN LAW, § 64 (2). Under unique circumstances justifying a purchase of a parcel of land, the purchase would be for a public purpose even though much of the land would be resold immediately subject to easements for public purposes. […]
Opn. No. 99-4
Owen B. Walsh, Esq. Attorney General of New York — Opinion January 29, 1999 NY CONST, ART IX, §§ 1(h)(2), 3(b); MUNICIPAL HOME RULE LAW § 34(4); L1937, CH618; NASSAU COUNTY CHARTER § 155. Under the savings clause in article IX, section 3(b) of the State Constitution, section 155 of the Nassau County Charter requires […]
Opn. No. F92-5
Hon. Patricia B. Adduci Attorney General of New York — Opinion Issued on: August 4, 1992 VEHICLE AND TRAFFIC LAW § 202(4). The Department of Motor Vehicles is not authorized to contract with aprivate vendor to print and distribute the Driver’s Manual in exchange forthe vendor’s right to sell advertising in the Manual. Robert Abrams, […]
Opn. No. F90-11
Hon. Matthew T. Crosson Attorney General of New York — Opinion Issued on: December 21, 1990 CIVIL PRACTICE LAW AND RULES, §§ 8012, 8013, 8014; CRIMINAL PROCEDURELAW, §§ 2.10, 2.30; LABOR LAW, § 565; NEW YORK CITY CIVIL COURTACT, §§ 1601, et seq.; RETIREMENT AND SOCIAL SECURITY LAW, §§ 600,601; UNIFORM CITY COURT ACT, § […]
Opn. No. 1980-70
Hon. Basil A. Paterson Attorney General of New York — Opinion Dated: July 1, 1980 GENERAL BUSINESS LAW, Art 27, §§ 400, 401 (5), 402; Art 28, §431 (4) (d); 1946, CHS 801, 802. Make-up artists engaged by theaters, television, movie and photographic studios and similar organizations to provide or assist in providing make-up to […]
Opn. No. 1976-34
VICTOR S. BAHON Attorney General of New York — Opinion Dated: August 24, 1976 EXECUTIVE LAW, § 296, subd. 1(d); CIVIL SERVICE LAW, § 50-personal information required on applications for civil serviceexaminations. Information as to age, sex, race and similar personal data requested in current civil service examination applications does not constitute an unlawful discriminatory […]
Opn. No. 1978-291
Murray Blimes, Esq. Attorney General of New York — Opinion Dated: November 8, 1978 MUNICIPAL HOME RULE LAW § 24 (1[a]); ELECTION LAW §§ 5-602,8-100 (1[c]). Local law subject to a referendum on petition: General discussion as to number and qualifications of petitioners. Murray Blimes, Esq. Town Attorney, Crawford We acknowledge receipt of your letter […]
Opn. No. 98-57
Stephen M. Abella, Esq. Attorney General of New York — Opinion December 29, 1998 ALCOHOLIC BEVERAGE CONTROL LAW § 128; CRIMINAL PROCEDURE LAW §§1.20(34)(b), 2.10, 2.20, 120.10, 140.10, 140.25, 690.25; CRIMINAL PROCEDURE LAW (1940) § 154; ELECTION LAW § 17-110; PENAL LAW (1938) § 756; PENAL LAW § 265.20(a)(1)(b); PUBLIC OFFICERS LAW § 3; 22 […]
Opn. No. I91-55
Gerald J. Lawson, Esq., Town Attorney Attorney General of New York — Opinion Issued on: August 23, 1991 COUNTY LAW §§ 225-a(3), 411. A person may serve simultaneously as a county fire coordinator and as amember of a town board. James D. Cole, Assistant Attorney General Requestor: Gerald J. Lawson, Esq., Town Attorney Town of […]
Opn. No. I93-38
Herschel Greenbaum, Esq., Town Counsel Attorney General of New York — Opinion Issued on: June 8, 1993 EDUCATION LAW § 2112(3); TOWN LAW § 23(1). A member of a board of education may not also serve as a townsupervisor. James D. Cole, Assistant Attorney General Requestor: Herschel Greenbaum, Esq., Town Counsel Town of Tuxedo Box […]
Opn. No. 95-F9
Robert E. Diaz Attorney General of New York — Opinion December 14, 1995 NY CONST ART II, § 8; ELECTION LAW § 5-211; 42 U.S.C. § 1973gg-5. While CUNY has not been designated as a participating agency, and is not required to conduct registration activities beyond the distribution of voter registration forms specifically mandated in […]
Opn. No. 1976-163
HON. JOHN V. SIMON Attorney General of New York — Opinion Dated: April 12, 1976 NEW YORK STATE CONSTITUTION, Article IX, §§ 1 (h) (1) and 2 (c)(1); MUNICIPAL HOME RULE LAW, §§ 2 (5), 10(1) (a) and 33 (3) (b);COUNTY LAW, § 500(1); NIAGARA COUNTY CHARTER, Article XVI, § 1601and Article XXIII, § 2303. […]
Opn. No. 1978-24
Hon. Edward R. Hammock Attorney General of New York — Opinion Dated: November 2, 1978 PUBLIC OFFICERS LAW, ARTICLE 7; EXECUTIVE LAW, 12-B (§ 259-c). Monthly meetings of the Board of Parole are subject to the Open Meetings Law, but may also be subject to the exemptions and exceptions contained therein. Hon. Edward R. Hammock […]