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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 1978-121(2)
Hon. Robert F. Baldwin, Jr. Attorney General of New York — Opinion Dated: March 15, 1978 VILLAGE LAW, § 3-300 (2). Village Law, § 3-300 (2) permits the village board of trustees to adopt a local law expanding a residency requirement for Acting Village Justice to permit appointment of a resident of the county in […]
Informal Opinion No. 83-53
Donald Crowley, Esq. Attorney General of New York — Opinion Dated: September 26, 1983 CODE OF JUDICIAL CONDUCT, Canon 7(A)(3); GENERAL MUNICIPAL LAW, §806; REAL PROPERTY TAX LAW, §§ 102(3), 500, 514, 702, 1402(2); TOWN LAW, § 33; UNIFORM JUSTICE COURT ACT, §§ 103, 106; VILLAGE LAW, § 3-301(2)(b), Art 7. One person may simultaneously […]
Opn. No. 96-17
Laury L. Dowd, Esq. Attorney General of New York — Opinion May 9, 1996 GENERAL MUNICIPAL LAW §§ 806(1), 808. The town supervisor must recuse herself from taking actions regarding the town police department which affect the terms and conditions of employment of her son, a sergeant in the department. JAMES D. COLE, Assistant Attorney […]
Informal Opinion No. 87-52
Stanley E. Anderson, Jr., Esq. Attorney General of New York — Opinion Dated: July 1, 1987 MUNICIPAL HOME RULE LAW, §§ 2(5) and (12), 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW, § 3(1) and (16); TOWN LAW, § 23(1). A town may enact a local law authorizing its town superintendent of highways to reside outside of the town. […]
Opn. No. 99-28
John D. Bollenbach, Esq. Attorney General of New York — Opinion September 30, 1999 PUBLIC OFFICERS LAW §§ 5, 31(2); TOWN LAW, ART 11, § 176(3). A fire commissioner who is serving a term which will not expire for more than a year is not eligible to be nominated for the office of fire commissioner […]
Opn. No. 1977-151
GEORGE P. FORBES, JR., ESQ. Attorney General of New York — Opinion Dated: April 13, 1977 PUBLIC OFFICERS LAW § 5; VILLAGE LAW, § 4-400(1[c]) An acting village justice may not hold over in office where no attempt is made to appoint a successor or where an appointment is made of the same or another […]
Opn. No. 1979-57
Paul R. White, Esq. Attorney General of New York — Opinion Dated: August 8, 1979 PUBLIC OFFICERS LAW, § 17 Workers subject to the direction and control of State personnel and regularly engaged in carrying out the functions of a State institution for compensation are State employees within the meaning of § 17 Public Officers […]
Formal Opinion No. 85-F18
Hon. Joseph W. Bellacosa Attorney General of New York — Opinion Dated: December 31, 1985 NY CONST, Art VI, §§ 7, 26(g) and (k); DOMESTIC RELATIONS LAW, §11 (3) and (6); JUDICIARY LAW, §§ 2(5), 140-b; PUBLIC OFFICERS LAW, § 2; L 1970, Ch 378. Judges of the New York City Civil and Criminal Courts […]
Informal Opinion No. 86-12
Philomena M. Stamato, Esq. Attorney General of New York — Opinion Dated: April 10, 1986 CIVIL PRACTICE LAW AND RULES, § 5231; UNIFORM DISTRICT COURT ACT, § 1501; UNIFORM JUSTICE COURT ACT, § 1501. It is the sheriff’s responsibility to issue and collect income executions arising out of the Supreme and County Courts. Philomena M. […]
Opn. No. 1978-154
Hon. Frank J. Ryan Attorney General of New York — Opinion Dated: May 8, 1978 NOT-FOR-PROFIT CORPORATION LAW. The Greater Cortlandt Fire Council, a not-for-profit corporation, is subject to the Zoning and Building Codes of the Town of Cortlandt. Hon. Frank J. Ryan Town Attorney, Cortlandt This is in response to your letter requesting an […]
Opn. No. 1977-59
HON. DANIEL KLEPAK Attorney General of New York — Opinion Dated: January 14, 1977 NEW YORK CONSTITUTION, ARTICLE VII, § 8; MENTAL HYGIENE LAW, §§81.09, 81.38 — Loan of property to non-profit drug treatmentprogram. Property held by Office of Drug Abuse Services is held for mental health purposes and loan of such property to non-profit […]
Opn. No. 97-50
Glenn S. Hackett, Esq. Attorney General of New York — Opinion November 5, 1997 EDUCATION LAW § 2103(3); GENERAL MUNICIPAL LAW § 806; MUNICIPAL HOME RULE LAW § 10(1)(i) and (ii)(a)(1). Assuming appropriate legislative findings have been made establishing a legitimate governmental interest, a proposed amendment to the Niagara County Code of Ethics, which would […]