Opn. No. 82-3

Kellar Kellar, Esqs. Attorney General of New York — Opinion Dated: January 15, 1983 TOWN LAW, § 198(12)(a) and (b); L 1940, Ch 365, L 1954, Ch 269, L 1973, Ch 326. A town water district may sell unneeded real property having no facilities or improvements thereon in accordance with the procedure in section 198(12)(a) […]

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Opn. No. 1978-302

Hon. William E. Sherwood Attorney General of New York — Opinion Dated: November 30, 1978 GENERAL MUNICIPAL LAW, § 242; TOWN LAW, § 220 [4] (1) The Town of Stony Point may properly spend general revenues for the construction of a baseball field; (2) use of a baseball field in a town park may not […]

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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. […]

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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 […]

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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 […]

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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, […]

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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 […]

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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, […]

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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 […]

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Informal Opinion No. 88-76

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 […]

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Opn. No. 1979-166

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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