Category: Attorney General Opinions

Stephen L. Oppenheim, Esq. Attorney General of New York — Opinion Dated: December 24, 1980 PUBLIC OFFICERS LAW, §§ 86, 87, 89; 28 C.F.R. § 20.30, 20.33,20.38. Under the Freedom of Information Law all records are available to the public except that a municipality may deny access to records within certain categories. In the case […]

Paul B. Dusek, Esq. Attorney General of New York — Opinion May 23, 2000 JAMES D. COLE, Assistant Solicitor General MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1); TOWN LAW § 24-a; L1981, CH 230. Under section 24-a of the Town Law a town may, by resolution subject to mandatory referendum, increase the term of town supervisor […]

VITO G. DICRISTINA, ESQ. Attorney General of New York — Opinion Dated: July 19, 1976 VILLAGE LAW, §§ 3-312(3[a]), 4-400(1[c]); PUBLIC OFFICERS LAW,§§ 5, 42(5). Filling vacancy in appointive village office There is no such thing in the contemplation of the law as a hold over vacancy which continues beyond the normal expiration date of […]

HON JOSEPH A. SPANO Attorney General of New York — Opinion Dated: August 5, 1976 FAMILY COURT ACT, § 254 (a). In view of the provisions of the above section, the holding of the office of Corporation Counsel of the City of Port Jervis or Assistant Corporation Counsel of the City of Newburgh, and the […]

Carl E. Mooradian, Esq. Attorney General of New York — Opinion Dated: December 29, 1987 GENERAL MUNICIPAL LAW, § 593; MUNICIPAL HOME RULE LAW, §§ 2, 10(1)(ii)(c)(1), 23, 24, 36, 37; NIAGARA FALLS CITY CHARTER, § 4.8(b); L 1916, Ch 530. A city may not amend a new city charter approved at a referendum after […]

Eric M. Kurtz, Esq. Attorney General of New York — Opinion Dated: April 21, 1988 CITY HOME RULE LAW, § 15 (old); MUNICIPAL HOME RULE LAW, §§ 10 (1) (i), (ii) (a) (1) and (ii) (d) (3), 23 (2) (f); TOWN LAW, §24. A local law which eliminates a town board’s authority to dismiss an […]

Hon. James E. Picken Attorney General of New York — Opinion Dated: January 17, 1979 GENERAL BUSINESS LAW, § 328-a, subd 1-a The County of Nassau may not adopt an office policy that would require the posting of only the minimum and maximum prices of gasoline being dispensed from “blend” pumps. Hon. James E. Picken […]

Daniel J. Guiney, Esq. Attorney General of New York — Opinion January 8, 2002 N.Y. CONST., ART. XIV, § 3(1); COUNTY LAW § 219(1); ENVIRONMENTAL CONSERVATION LAW § 9-0501(1); VEHICLE AND TRAFFIC LAW § 2405. A county may authorize the use of all-terrain vehicles on County-owned reforested lands held for public use and may authorize […]

Josh Koplovitz, Esq. Attorney General of New York — Opinion Dated: March 6, 1978 TOWN LAW, § 130(15) MUNICIPAL HOME RULE LAW, § 10(1)(a)(12)EXECUTIVE LAW, §§ 297(9), 300 Local legislation prohibiting discrimination in housing, employment and places of public accommodation on the basis of sexual preference has not been pre-empted by the State. Josh Koplovitz, […]

A. Clark Cannon, Esq. Attorney General of New York — Opinion July 10, 2000 VEHICLE AND TRAFFIC LAW §§ 1620, 1643; 17 NYCRR § 212.4(a), (b). Colleges and universities are not “schools” within the purview of Vehicle and Traffic Law § 1620. Accordingly, a 15-mile-per-hour school speed limit may not be established on that portion […]

Hon. William A. Kelly Attorney General of New York — Opinion Dated: July 2, 1979 GENERAL MUNICIPAL LAW, § 103; COUNTY LAW, § 408-a (1) A county may not enter into a purchase contract for equipment in excess of three thousand dollars without competitive bidding. Hon. William A. Kelly County Attorney, Ulster County This is […]

Robert J. Leader, Esq. Attorney General of New York — Opinion Dated: August 22, 1985 NY CONST, Art IX, § 1(d); GENERAL MUNICIPAL LAW, §§ 703, 711, 712, 713. An election need not be held in territory proposed to be annexed, where there are no persons residing in this territory. Robert J. Leader, Esq. Village […]

HUGH A. LAVERY JR., ESQ. Attorney General of New York — Opinion Dated: June 8, 1977 NEW YORK CONSTITUTION, Article VI, § 17, subdivision b; Article IX § 3(a[2]); VILLAGE LAW §§ 3-301(2[a]), 23-2202; OSSINING VILLAGE CHARTER (ch. 667, L. 1910, as amended). The charter provisions relating to the office of village justice in the […]

BEVERLY R. HUDAK Attorney General of New York — Opinion Dated: February 4, 1976 VILLAGE LAW § 10-1006 A nonresident of a village may be elected to membership, or his membership may be continued, in a village volunteer fire company if that person resides in an area outside of the village which is afforded fire […]

Joanna Gozzi, Esq. Attorney General of New York — Opinion Dated: November 24, 1981 US CONST, Art I, § 8 (4), Art VI, § 2; DEBTOR AND CREDITOR LAW, § 150; 11 USCA § 523; 28 U.S.C. § 1334 (b), 1471 (b); 11 U.S.C. RULE 409. An order of the Bankruptcy Court directing cancellation of […]

HON. K.L. BOISSEY Attorney General of New York — Opinion Dated: January 26, 1977 JUDICIARY LAW, §§ 653 and 657(5); VILLAGE LAW, §§ 3-300(3) and3-301(3). The two offices of village justice and county commissioner of jurors are compatible and may be held simultaneously by the same person. HON. K.L. BOISSEY Town Justice, Dannemora This is […]