Peter A. Harris, Esq. Attorney General of New York — Opinion Dated: March 3, 1980 PENAL LAW, §§ 175.20, 175.25, 195.00 and 195.05; PUBLIC OFFICERSLAW, § 80; TOWN LAW, § 29 (4). The proceeding authorized by Public Officers Law § 80 to obtain official papers from an outgoing officer is personal to his successor and […]
Category: Attorney General Opinions
Opn. No. 1977-289
ROBERT FRIOU, ESQ. Attorney General of New York — Opinion Dated: November 23, 1977 VILLAGE LAW §§ 4-400 (1[a]), 4-412(2), ROBERT’S RULES OF ORDERNEWLY REVISED RULES OF PROCEDURE OF VILLAGE BOARD OF TRUSTEES The standard practice of village board of trustees over a period of years under which committee members and chairmen are appointed by […]
Opn. No. I91-78
William J. Kirk, Esq., Town Attorney Attorney General of New York — Opinion Issued on: December 24, 1991 COUNTY LAW §§ 650, 652(1). The offices of member of a town board and undersheriff of a county arecompatible. James D. Cole, Assistant Attorney General Requestor: William J. Kirk, Esq., Town Attorney Town of Fayette P.O. Box […]
Opn. No. I90-35
David T. Pullen, Town Attorney Attorney General of New York — Opinion Issued on: May 17, 1990 PUBLIC OFFICERS LAW, § 42; TOWN LAW, §§ 60-a, 64(5). The failure to follow the procedure required by law for a permissivereferendum invalidates action taken by a local legislative body. James D. Cole, Assistant Attorney General Requestor: David […]
Opn. No. I90-70
Charles H. Clark, Esq., Village Attorney Attorney General of New York — Opinion Issued on: November 7, 1990 VILLAGE LAW, § 4-400(1)(c). The mayor is authorized to remove an appointed village official, subjectto any civil service protection applicable to the position. James D. Cole, Assistant Attorney General Requestor: Charles H. Clark, Esq., Village Attorney Village […]
Opn. No. 1980-150
Edward P. Jessella, Jr., Esq. Attorney General of New York — Opinion Dated: May 15, 1980 TOWN LAW, §§ 150, 158. The town board, not the supervisor, has the authority to supervise the town’s special police appointed under Town Law § 158 in a town in which a police department has not been established under […]
Opn. No. 98-30
Robert E. Swinehart, Esq. Attorney General of New York — Opinion June 29, 1998 COUNTY LAW §§ 204, 205, 207; GENERAL MUNICIPAL LAW § 808. A conflict of interests arises when a member of the County Board of Supervisors, acting in his private capacity, installs septic systems for private individuals and the systems are subject […]
Opn. No. 83-F18
Honorable Gordon M. Ambach Attorney General of New York — Opinion Dated: December 31, 1983 EDUCATION LAW, §§ 6508(2) and 6604(4); PUBLIC OFFICERS LAW, §17(1)(a), (2)(a) and (3)(a). Examiners who are paid on a per diem basis by the State Education Department to conduct the practical examination component of the professional licensing examination in dentistry […]
Informal Opinion No. 87-54
David E. Seaman, Esq. Attorney General of New York — Opinion Dated: July 20, 1987 NY CONST, ART III, § 1, ART XVI, § 1; MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(ii)(a)(12), 10(1)(ii)(d)(3), 11(1)(g); TAX LAW, §1262; TOWN LAW, §§ 54, 190, 202, 209-q, 209-r. A town has no authority to enact a local law […]
Opn. No. 98-22
Kevin M. McArdle, Esq. Attorney General of New York — Opinion May 19, 1998 The positions of county manager and county treasurer are incompatible. JAMES D. COLE, Assistant Attorney General Informal Opinion No. 98-22 Kevin M. McArdle, Esq. County Attorney County of Lewis P. O. Box 128 Lowville, N Y 13367-0128 Dear Mr. McArdle: You […]
Opn. No. 1979-72
Hon. William C. Hennessy Attorney General of New York — Opinion Dated: June 25, 1979 HIGHWAY LAW, §§ 10, 80, 85. The Commissioner of Transportation is not empowered to expend funds for the noiseproofing of a public school located outside the highway right-of-way. Hon. William C. Hennessy Commissioner Department of Transportation This is in response […]
Opn. No. 2005-2
Frederick R. Westphal Attorney General of New York — Opinion February 3, 2005 REAL PROPERTY LAW § 321. County Clerk is not authorized to mark a mortgage as discharged when presented with a certificate of satisfaction signed by other than the mortgagee or last assignee of record or their personal representative, but may record such […]
Opn. No. 81-121
Edward M. Saltzman, Esq. Attorney General of New York — Opinion Dated: November 4, 1981 NY CONST, Art VIII, § 1; PENAL LAW, §§ 225.30, 225.32 (1); VILLAGE LAW, § 1-102(1). The possession or sale of a slot machine is a class A misdemeanor. It is an affirmative defense that the slot machine is an […]
Opn. No. 2000-19
Wayne D. Essanason, Esq. Attorney General of New York — Opinion November 7, 2000 ELECTION LAW, ART 9, §§ 1-104(32), § 15-104, VILLAGE LAW §9-912; L. 1989, CH. 359. The terms of elected village officers are extended in order to effect a change in the date of the village election. JAMES D. COLE, Assistant Solicitor […]
Opn. No. 97-8
James Breen, Esq. Attorney General of New York — Opinion February 27, 1997 MUNICIPAL HOME RULE LAW § 10(4); VEHICLE AND TRAFFIC LAW §§306(b), 401(1), 1640(6). A village officer or employee with authority to enforce parking regulations may issue a ticket to a vehicle with an expired inspection sticker but may not do so where […]
Informal Opinion No. 88-42
Ernest R. Maler, Esq. Attorney General of New York — Opinion Dated: May 26, 1988 VILLAGE LAW, §§ 7-712, 7-718. A village may enact a local law amending provisions of the Village Law establishing the terms of office of planning board and zoning board of appeals members. Ernest R. Maler, Esq. Village Attorney, Patchogue You […]
Opn. No. 1979-69
Hon. Basil A. Paterson Attorney General of New York — Opinion Dated: December 31, 1979 REAL PROPERTY LAW, §§ 441, subd. (3), 442-f An attorney, admitted to practice in the State of New York, who elects to obtain a real estate broker’s license is not subject to the continuing education requirements contained in section 441, […]
Formal Opinion No. 87-F11
Hon. Julio A. Martinez Attorney General of New York — Opinion Dated: December 31, 1987 MENTAL HYGIENE LAW, §§ 23.01, 23.03, 25.03; PUBLIC LAW 83-280; 14 NYCRR 1050.2; 25 U.S.C. § 231, 232, 233. The Division of Substance Abuse Services is not precluded by the special status of Indian tribes under Federal law from approving, […]
Opn. No. I90-65
Ilan S. Schoenberger, Esq., County Attorney Attorney General of New York — Opinion Issued on: October 31, 1990 CORRECTION LAW, §§ 500-a, 100-c; CRIMINAL PROCEDURE LAW, §§205.00(2), 210.10, 210.45(9), 460.50, 460.60, 500.10(4), 510.10, 510.50,530.12(11)(aa), 530.45(1), 530.60(1), 570.36, 620.70, 620.40(2);JUDICIARY LAW, §§ 321, et seq.; UNIFORM JUSTICE COURT ACT, §110(b). When a town or village justice […]
Opn. No. 1980-175
A. Thomas Levin, Esq. Attorney General of New York — Opinion Dated: June 20, 1980 MUNICIPAL HOME RULE LAW, § 10(1[ii(e[3])]); VILLAGE LAW §7-706(2). A village, by local law, may supersede Village Law § 7-706 subd 2 so as to provide an alternative method for publishing notice of enactment of local laws relating to zoning. […]