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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 1980-120
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 […]
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. F90-3
Honorable David Axelrod, Commissioner Attorney General of New York — Opinion Issued on: May 16, 1990 CRIMINAL PROCEDURE LAW, §§ 160.50, 160.60; EXECUTIVE LAW, § 296; L1980, Ch 689; L 1976, Ch 877. A licensing authority, consistent with the Executive and CriminalProcedure Laws, may inquire into the incidents underlying a favorabledisposition of a criminal charge. […]
Informal Opinion No. 83-2
Charles E. Shaffer, Esq. Attorney General of New York — Opinion Dated: January 18, 1983 REAL PROPERTY TAX LAW, § 1532(4). The clerk of a county legislative body may also serve as a member of a town board of assessment review. Charles E. Shaffer, Esq. Town Attorney, Tyre You have asked whether one person may […]
Opn. No. 2004-13
Michael A. Cardozo Attorney General of New York — Opinion November 29, 2004 N.Y. CONST., ART. V, § 1; EXECUTIVE LAW § 70-a(3); GENERAL MUNICIPAL LAW §§ 33, 34; NEW YORK CITY ADMINISTRATIVE CODE §§ 11-537, 11-538, 11-638(1), 11-688, 11-1116; TAX LAW §§ 202(1), 697(e), 1146(a); L. 1966, CH. 772, § 1. The office of […]
Opn. No. I94-27
Robert M. Leff, Esq., Village Attorney Attorney General of New York — Opinion Issued on: July 13, 1994 NY CONST ART IX § 2(c)(ii)(10); AGRICULTURE AND MARKETS LAW ART26, §§ 373(1), 374; MUNICIPAL HOME RULE LAW § 10(1)(ii); VILLAGELAW § 4-412. It is within the authority of a village board to enact a local lawproviding […]
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 […]