Robert J. Sweeney, Esq. Attorney General of New York — Opinion Dated: August 18, 1981 CIVIL SERVICE LAW, §§ 23 (4-a), 51, 52(1), (2), 61 (1); MUNICIPAL HOME RULE LAW, § 10(1) (ii) (a) (1); PUBLIC OFFICERS LAW, §§ 3, 30; VILLAGE LAW, § 3-300 (1), (2). A village in making appointments from promotional lists […]
Category: Attorney General Opinions
Opn. No. 2006-F2
Audrey Samers. Attorney General of New York — Opinion January 25, 2006. GENERAL BUSINESS LAW §§ 349, 511(4), (6), 518; INSURANCE LAW § 9101; PUBLIC LAW NO. 94-222; 15 U.S.C. § 1666f(a)(2) Fees imposed for the payment of insurance premiums by credit card are prohibited by General Business Law § 518. ELIOT SPITZER, Attorney General […]
Formal Opinion No. 86-F5
Hon. Frank W. Dunham, Jr. Attorney General of New York — Opinion Dated: August 26, 1986 46 UNITED STATES CODE 212. A pilot duly licensed by the State of Connecticut and the Federal government may: (1) pilot a vessel through the New York waters of Long Island Sound; and (2) pilot a vessel from a […]
Informal Opinion No. 85-40
Georgia D. Kramer, Esq. Attorney General of New York — Opinion Dated: June 17, 1985 HIGHWAY LAW, §§ 11(7), 19, 45(5), 46; L 1970, Ch 628. Subject to fiscal constraints and within the judgment and discretion of the Commissioner of Transportation, said Department has the responsibility to inspect and prune or remove dangerous trees or […]
Opn. No. 2002-4
Kevin D. Fennell, Esq. Attorney General of New York — Opinion February 19, 2002 N.Y. CONST., ART. VIII, § 1; BATAVIA CITY CHARTER § 3.4. A governmental subdivision may not, consistent with the “gift or loan” prohibition (N.Y. Const., Art. VIII, § 1), reimburse an individual member of a legislative body for litigation expenses incurred […]
Opn. No. I94-15
Robert M. Place, Esq., Town Attorney Attorney General of New York — Opinion Issued on: June 7, 1994 HIGHWAY LAW §§ 171, 201, 205, 211-a, 212-a; VEHICLE AND TRAFFICLAW § 1660 In the absence of specific statutory authority, a municipality may notclose off one of its streets. James D. Cole, Assistant Attorney General Requestor: Robert […]
Opn. No. I90-25
Robert Webster Oliver, Village Attorney Attorney General of New York — Opinion Issued on: March 19, 1990 CIVIL SERVICE LAW, § 75; MUNICIPAL HOME RULE LAW, §§10(1)(ii)(a)(1) and (4)(d), 20, 23, 24, 27; VILLAGE LAW, §§ 18-1820,18-1822, 18-1828. A village board of trustees may establish a village manager formof government under sections 18-1820, et seq. […]
Opn. No. 1980-268
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 […]
Informal Opinion No. 87-46
Ronald P. Bennett, Esq. Attorney General of New York — Opinion Dated: June 12, 1987 TOWN LAW, § 138. A person may simultaneously hold the positions of town building inspector, zoning enforcement officer and fire inspector. Ronald P. Bennett, Esq. Town Attorney, Colden You have asked whether one person may hold the positions of town […]
Opn. No. 98-F11
Hon. Timothy S. Care Attorney General of New York — Opinion December 4, 1998 CIVIL PRACTICE LAW AND RULES, ART 86; COURT OF CLAIMS ACT § 8; EXECUTIVE LAW § 550; PUBLIC OFFICERS LAW § 17. An employee of the Consumer Protection Board when serving as the Board’s representative on the Advisory Board to the […]
Opn. No. I91-45
John M. Sipos, Esq., County Attorney Attorney General of New York — Opinion Issued on: July 26, 1991 COUNTY LAW §§ 406, 501, 700. The offices of district attorney and county attorney are incompatible. Patrick Barnett-Mulligan, Assistant Attorney General Requestor: John M. Sipos, Esq., County Attorney County of Seneca 54 Johnston Street Seneca Falls, New […]
Opn. No. 81-54
James G. Sweeney, Esq. Attorney General of New York — Opinion Dated: April 9, 1981 CORRECTION LAW, § 500-c; McKINNEY’S STATUTES § 111; L 1976, Ch24; L 1970, Ch 70; 9 NYCRR 7013.1 (a). It is a question of fact based upon the attendant circumstances whether a prison communal dining plan complies with section 500-c […]
Opn. No. 1976-336(2)
HON. DAVID G. RETCHLESS Attorney General of New York — Opinion Dated: December 30, 1976 CONSTITUTION Article XIII, § 1; PUBLIC OFFICERS LAW §§ 10,30(1[h]); CIVIL SERVICE LAW §§ 35, 40, 62; COUNTY LAW §400(4[a, b]); SOCIAL SERVICES LAW § 116 The oath which an officer must take and file is the oath prescribed in […]
Opn. No. I92-12
Jeffrey N. Mis, Esq., City Attorney Attorney General of New York — Opinion Issued on: February 20, 1992 NY CONST, ART VIII, § 1; GENERAL MUNICIPAL LAW § 50-j; PUBLICOFFICERS LAW §§ 17, 18; 42 U.S.C. § 1981, 1983, 2000(e). A local government by local law may provide for defense andindemnification of employees as to […]
Opn. No. 1977-176
BARRY A. GOLD Attorney General of New York — Opinion Dated: May 18, 1977 PUBLIC OFFICERS LAW, §§ 2 and 17; MENTAL HYGIENE LAW, § 7.19; L.1973, ch. 224. A member of a board of visitors of a hospital in the Department of Mental Hygiene is an officer of the State for purposes of section […]
Opn. No. 2008-10
Rory A. McMahon. Attorney General of New York — Opinion October 22, 2008. Public Officers Law §§ 3, 3(1), 3(2), 3(2)(c), 3(2)(d), 3(2)(e). “Contiguous” as used in Public Officers Law § 3(2) means “sharing a border” or “touching”; police officers for the city of Syracuse may not live in Oneida County because that county is […]
Opn. No. I91-53
Francis E. O’Neill, Esq., Board of Fire Commissioners Attorney General of New York — Opinion Issued on: August 12, 1991 The positions of superintendent of a water district and membership on the board of fire commissioners are incompatible where there is a contract between the water district and the fire district. James D. Cole, Assistant […]
Opn. No. 96-26
Kevin Moshier, Esq. Attorney General of New York — Opinion September 16, 1996 PUBLIC OFFICERS LAW § 31; TOWN LAW § 26. The resignation of the town supervisor became effective once a copy was delivered to the office of the town clerk. JOSEPH CONWAY , Assistant Attorney General Kevin Moshier, Esq. Informal Opinion Town Attorney […]
Opn. No. 83-F16
Honorable Robert Sise Attorney General of New York — Opinion Dated: December 30, 1983 NY CONST, Art VI, § 21(c); PUBLIC OFFICERS LAW, § 30(2); L 1982, Ch 500. The eleven additional judgeships on the New York City Civil Court authorized by chapter 500 of the Laws of 1982 may not be filled by appointment. […]
Opn. No. 2002-1
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 […]