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 […]
Category: Attorney General Opinions
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, […]
Opn. No. I91-2
Patrick M. Malgieri, Esq., County Attorney Attorney General of New York — Opinion Issued on: January 2, 1991 GENERAL CONSTRUCTION LAW § 37; HIGHWAY LAW §§ 10-c, 114, 115; REALPROPERTY LAW §§ 240, et seq., 243, 290, et seq.; STATE FINANCE LAW§ 88. The transfer of a town highway to the county road system pursuant […]
Opn. No. 1978-211
Hon. Patrick Henry Attorney General of New York — Opinion Dated: July 5, 1978 COUNTY LAW, § 700 (7); JUDICIARY LAW, § 89 (2) The District Attorney of Suffolk County may not dispose of records under his control without the direction of the Appellate Division, Second Judicial Department. Hon. Patrick Henry District Attorney, Suffolk County […]
Opn. No. 81-53
James A. Fitzgerald, Esq. Attorney General of New York — Opinion Dated: April 8, 1981 COUNTY LAW § 411; MUNICIPAL HOME RULE LAW, § 10 (1[ii (a[1, 13])]); ROCKLAND COUNTY LOCAL LAW NO. 4 FOR THE YEAR 1971. No town councilman in a town in Rockland County simultaneously may hold the county office of county […]
Opn. No. 1980-126
David B. Krogmann, Esq. Attorney General of New York — Opinion Dated: April 3, 1980 MUNICIPAL HOME RULE LAW, § 10, Subd 1, Par [ii], Cl d, Sub cl[3]; TOWN LAW, § 133. A town may enact a local law amending section 133 of the Town Law to provide that only summaries of ordinances adopted […]
Opn. No. I94-11
Richard G. Della Ratta, Esq. Attorney General of New York — Opinion Issued on: March 14, 1994 GENERAL MUNICIPAL LAW §§ 800(4), 801. A housing authority commissioner may serve as an employee of an entityproviding services to the authority provided that she recuses herself whennecessary to avoid conflicts of interests. James D. Cole, Assistant Attorney […]
Opn. No. I91-71
Gordon D. Tresch, Esq., Village Attorney Attorney General of New York — Opinion Issued on: November 13, 1991 NY CONST, ART VIII, § 1; ENVIRONMENTAL CONSERVATION LAW §§11-0513, 11-0523. Section 11-0513 of the Environmental Conservation Lawauthorizes a village to destroy pigeons which are a menace to publichealth. Patrick Barnett-Mulligan, Assistant Attorney General Requestor: Gordon D. […]
Opn. No. 1977-69
HON. HUGH L. CAREY Attorney General of New York — Opinion Dated: April 13, 1977 NEW YORK CONSTITUTION, Art. VIII, § 10; STATE FINANCE LAW, §54-a; NEW YORK CITY CHARTER, § 1515 — TAX LEVY FOR DEBT SERVICE A tax levy by the City of New York for debt service may include an amount for […]
Opn. No. 1977-184
JOHN R. LYNCH, ESQ. Attorney General of New York — Opinion Dated: May 24, 1977 DOMESTIC RELATIONS LAW, §§ 11(1) and 11-b. Under the above sections, two members of the East Meadow Church of Christ, Inc., who have been temporarily designated by the Board of Directors, Trustees and Elders of the Church as ministers, have […]
Opn. No. 1976-265
HON. CARL E. MOORADIAN Attorney General of New York — Opinion Dated: October 8, 1976 GENERAL MUNICIPAL LAW § 122; PUBLIC HEALTH LAW, Article 30 (§§3000 — 3016) If an ambulance company is one of those described in General Municipal Law § 122, the failure to dispatch an ambulance to respond to a call does […]
Opn. No. 82-69
Paul N. Tavelli, Esq. Attorney General of New York — Opinion Dated: September 16, 1982 GENERAL CITY LAW, §§ 40, 44(2) and 45. Landlords and other property owners need not obtain a certificate of competency from the examining board of plumbers of a city as a condition to performing plumbing work in structures they own. […]
Opn. No. 81-19
George C. Valette, Esq. Attorney General of New York — Opinion Dated: February 5, 1981 GENERAL CITY LAW, §§ 20 (7), 23 (2) (b); CHARTER OF THE CITY OF FULTON, CHAPTER 18, §§ 18-1 and 18-2. The City of Fulton may discontinue use of city real property as a street. City owned real property, under […]
Opn. No. 99-27
Gregory F. Yakaboski, Esq. Attorney General of New York — Opinion September 30, 1999 GENERAL MUNICIPAL LAW, ART 14-A, § 360; PUBLIC AUTHORITIES LAW, ART 1-A, §§ 1020-a, 1020-f, 1020-g, 1020-h. A municipality located within the Long Island Lighting Company’s former service area may not establish a public utility service to provide gas or electric […]
Opn. No. 2002-16
Frank J. Phillips, Esq. Attorney General of New York — Opinion November 5, 2002 COUNTY LAW § 150; TOWN LAW §§ 29, 60(1), 125, 271, 274-a(2), 274-b(2), 276(1), The positions of confidential assistant (secretary) to the town supervisor and member of the town planning board are compatible. LAURA ETLINGER, Assistant Solicitor General Frank J. Phillips, […]
Opn. No. 1980-45
Hon. Gordon M. Ambach Attorney General of New York — Opinion Dated: June 9, 1980 EDUCATION LAW, § 263; EXECUTIVE LAW, Art 7-A; GENERAL CONSTRUCTIONLAW, §§ 34, 110. The provisions of section 263 of the Education Law do not relieve libraries and museums of the obligation of financial reporting to the Office of Charities Registration […]
Opn. No. 1977-256
DAVID A. DE CLUE, ESQ. Attorney General of New York — Opinion Dated: October 18, 1977 GENERAL MUNICIPAL LAW §§ 205-b, 209-b (1[a], 2[a, h]) PUBLIC HEALTHLAW ARTICLE 30 (§§ 3000-3016) EMERGENCY RESCUE AND FIRST AID SQUAD HAVING AUTHORITY TO PROVIDE GENERAL AMBULANCE SERVICE. General Discussion of authorized activities DAVID A. DE CLUE, ESQ. Bainbridge, […]
Informal Opinion No. 89-3
Charles H. Clark, Esq. Attorney General of New York — Opinion Dated: February 3, 1989 COUNTY LAW, § 654; GENERAL MUNICIPAL LAW, §§ 209-f, 209-m. Under specified circumstances a sheriff may request that another local government provide police assistance. Charles H. Clark, Esq. Village Attorney, Canajoharie You have asked whether the sheriff of a county […]