Joanna Gozzi, Esq. Attorney General of New York — Opinion Dated: February 4, 1983 CRIMINAL PROCEDURE LAW, §§ 410.10(1), 410.20, 420.10, 420.30; PENAL LAW, §§ 60.27(1), (6), 65(2), 65.10(2)(g), (3)(b). A county official designated to receive payment of restitution must report to the court any failure to comply with an order of restitution. Restitution funds […]
Category: Attorney General Opinions
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 […]
Opn. No. 1978-115
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, […]
Opn. No. 2000-12
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 […]
Opn. No. 1979-217
Hon. John M. Reed Attorney General of New York — Opinion Dated: August 24, 1979 TOWN LAW, Article 16 and section 261 A town may provide in its ordinances that any applicant seeking a special use permit, subdivision approval or a zoning variance will be required to pay a fee which among other things includes […]
Opn. No. I92-37
James A. Coniglio, Esq., Town Attorney Attorney General of New York — Opinion Issued on: June 16, 1992 The positions of town attorney and village attorney are compatible. James D. Cole, Assistant Attorney General Requestor: James A. Coniglio, Esq., Town Attorney Town of Mt. Morris P.O. Box 157 Geneseo, N.Y. 14454-0157 Written by: James D. […]
Informal Opinion No. 84-58
Martin J. Mack, Esq. Attorney General of New York — Opinion Dated: November 9, 1984 GENERAL MUNICIPAL LAW, §§ 806(1), 808; REAL PROPERTY TAX LAW, §1532. A local government should include in its code of ethics standards that define and prohibit private conduct in conflict with official duties. Where substantial conflicts are inevitable, a town […]
Informal Opinion No. 85-30
Phillip R. Rumsey, Esq. Attorney General of New York — Opinion Dated: April 23, 1985 AGRICULTURE AND MARKETS LAW, §§ 114, 124; PENAL LAW, §§ 55.10, 80.05. The penalties for violation of a local leash law must be consistent with the provisions of the Penal Law designating the penalties for the various types of offenses. […]
Opn. No. 81-123
Attorney General of New York — Opinion Erratum Opinion No. 81-123, printed on pages 279-80, was superseded by the following opinion: