Category: Attorney General Opinions

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

Robert N. Nielsen, Jr., Esq. Attorney General of New York — Opinion Dated: December 16, 1988 HIGHWAY LAW, §§ 64 (3) and (5-a), 231; MUNICIPAL HOME RULE LAW, §10 (1) (ii) (a) (12); TOWN LAW, § 64 (3), (5-a). Section 231 of the Highway Law does not authorize the demolition of bridges which have been […]

Hon. Stephen J. Wing Attorney General of New York — Opinion Dated: June 25, 1979 NY Const., ARTICLE XIII, § 7; JUDICIARY LAW, § 183-a; CHAPTER 55OF THE LAWS OF 1979, §§ 2, 19. The salary of a district attorney may not be increased retroactively during his term of office. Although Chapter 55 of the […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]