James R. O’Day, Esq., Town Attorney Attorney General of New York — Opinion Issued on: June 10, 1991 PUBLIC OFFICERS LAW § 74(3)(c) and (d). It is a conflict of interests for a person to serve as a town codeenforcement officer and to be a partner in a private home inspectionbusiness performing functions in the […]
Category: Attorney General Opinions
Opn. No. 81-126
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 […]
Opn. No. 1977-86
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 […]
Opn. No. I91-39
Anthony J. Grant, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: June 10, 1991 The positions of member of the City of White Plains zoning board ofappeals and commissioner of planning of the city are incompatible. James D. Cole, Assistant Attorney General Requestor: Anthony J. Grant, Esq., Corporation Counsel City of […]
Opn. No. 1976-178
HON. JAMES RILEY Attorney General of New York — Opinion Dated: April 26, 1976 TROY CITY CHARTER; MUNICIPAL HOME RULE LAW, § 36(4). The mayor, and not the city manager, of the City of Troy has the authority to appoint a charter revision commission. HON. JAMES RILEY Corporation Counsel, Troy We acknowledge receipt from Assistant […]
Opn. No. 1980-30
Hon. William G. Connelie Attorney General of New York — Opinion Dated: December 29, 1980 EXECUTIVE LAW, § 215; L 1979, CH 276; NEW YORK STATE POLICEADMINISTRATIVE MANUAL, REGULATION 10. Only those park police transferred to the Division of State Police by chapter 276 of the Laws of 1979 who, as of January 1, 1980, […]
Opn. No. 99-20
Gerald S. Jacobs, Esq. Attorney General of New York — Opinion July 13, 1999 8 NYCRR, Part 155, § 155.2(a). A school district is not subject to the provisions of a local noise ordinance that require application for a building permit to carry on construction after 5:30 p.m. and on weekends. SIOBHAN S. CRARY, Assistant […]
Opn. No. 2005-8
Daniel M. Wyner Attorney General of New York — Opinion March 2, 2005 CIVIL SERVICE LAW § 61; COUNTY LAW §§ 400(1), 525, 526; GENERAL MUNICIPAL LAW § 51. An elected county official with statutory authority to appoint deputies may be subject to applicable local rules governing official appointments. The County Board of Supervisors may […]
Informal Opinion No. 83-5
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 […]
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. 95-49
Karen M. Gazda, Esq. Attorney General of New York — Opinion October 6, 1995 COUNTY LAW ART 5-A; GENERAL MUNICIPAL LAW § 450, et seq.; TOWN LAW ART 12, 12-A; TRANSPORTATION CORPORATIONS LAW, ART 10, §§ 115(1) and (4), 116(1), 117, 118(1)(a), 119(4), 122(1); L 1960 CH 1067. Each sewage-works corporation must petition for a […]
Opn. No. I94-17
Robert F. Kozakiewicz, Esq., Town Attorney Attorney General of New York — Opinion Issued on: July 5, 1994 GENERAL MUNICIPAL LAW § 806(1); TOWN LAW § 37. Conflicts of interests do not result when an elected receiver of taxesand assessments acts in his or her private capacity as a real estatesalesperson in the same town. […]
Opn. No. 1976-267
FREDERICK W.V. SCHADT, ESQ. Attorney General of New York — Opinion Dated: October 12, 1976 INSURANCE LAW, § 468 A fraternal benefit society organized under the Insurance Law is not entitled by virtue of § 468 to exemption from annual school taxes levied against its real property. FREDERICK W.V. SCHADT, ESQ. Counsel-Town Board of Assessors-Jeffersonville […]
Informal Opinion No. 88-36
Craig R. Snyder, Esq. Attorney General of New York — Opinion Dated: May 26, 1988 TOWN LAW, § 36. The offices of deputy town clerk and town tax collector are compatible. Craig R. Snyder, Esq. Town Attorney, Rathbone You have asked whether one person may serve simultaneously as the deputy town clerk and as the […]
Opn. No. 1978-130
Robert J. Nicholson, Esq. Attorney General of New York — Opinion Dated: March 30, 1978 TOWN LAW §§ 30(1), 220(3); EDUCATION LAW §§ 140-150; GENERALMUNICIPAL LAW § 51-a; PUBLIC OFFICERS LAW § 65-a, 65-b PUBLIC RECORDS — storage, reproduction, destruction USE OF PUBLIC BUILDINGS A town may not construct a building larger than it will […]