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 […]
Category: Attorney General Opinions
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 […]
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. […]
Opn. No. 1977-251
JOHN R. MARSHALL, JR, ESQ. Attorney General of New York — Opinion Dated: September 30, 1977 TOWN LAW § 300 and Article 18 (§§ 300-327) OBLIGATION TO ERECT OR REPAIR DIVISION FENCE “ADJOINING TRACT OF LAND” DEFINED An “adjoining tract of land” as that expression is used in Town Law § 300, does not necessarily […]
Opn. No. 1977-212
HON. JOHN J. PETTIGRASS Attorney General of New York — Opinion Dated: July 15, 1977 RETIREMENT AND SOCIAL SECURITY LAW, §§ 30(a), 70(b) and 113(a);EXECUTIVE LAW, § 296(1-a) and (3-a) (a). The mandatory retirement age of 70, contained in the provisions of the Retirement and Social Security Law, governs the City of Auburn; and the […]
Opn. No. 81-74
Robert E. Pease, Esq. Attorney General of New York — Opinion Dated: May 28, 1981 COUNTY LAW § 411; PUBLIC OFFICERS LAW §§ 9, 36; TOWN LAW § 20 (4). The same person simultaneously may hold the office of town supervisor or town councilman in a town in Westchester County and the county office of […]
Opn. No. I94-41
John B. Nesbitt, Esq., Village Attorney Attorney General of New York — Opinion Issued on: October 6, 1994 NY CONST ART IX § 2(c)(ii)(10); MUNICIPAL HOME RULE LAW §10(1)(ii)(a)(12) A village may require insurance agents licensed by the State to obtain apermit to sell insurance door-to-door within the village. Siobhan S. Crary, Assistant Attorney General […]
Opn. No. F90-7
Hon. David H. Bulman, Executive Director Attorney General of New York — Opinion Issued on: September 17, 1990 PUBLIC OFFICERS LAW, §§ 92, 96; TRANSPORTATION LAW, §§ 217, 219;L 1983, Ch 428, § 1. The New York State Public Transportation Safety Board has a statutoryentitlement to receive and the New York City Transit Authority astatutory […]
Opn. No. 1978-119
John J. Rizzo, Esq. Attorney General of New York — Opinion Dated: March 13, 1978 SOCIAL SERVICES LAW, § 104-b. An attorney is not entitled to assert a lien against a county social services department for legal fees pursuant to Social Services Law, § 104-b, where he has already received payment from the public assistance […]