Category: Attorney General Opinions

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 […]

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 […]

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 […]

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 […]

Joseph Klein, Esq. Attorney General of New York — Opinion Dated: March 24, 1983 NY CONST, Art XVI, § 1; HIGHWAY LAW, §§ 141(1)(3) and (4), 277; TOWN LAW, §§ 20, 32(2), 116 and 138. The salary expenses of the town superintendent of highways and the deputy superintendent are a general town charge to be […]

Mariette Geldenhuys, Esq. Attorney General of New York — Opinion May 19, 1998 NY CONST, ART IX; GENERAL MUNICIPAL LAW, ART 15-A, §§ 553, 605, 608; MUNICIPAL HOME RULE LAW § 10. The Ithaca common council is without authority to change the terms of members of the Ithaca Urban Renewal Agency as established by special […]

Hon. James G. Cushman Attorney General of New York — Opinion Dated: January 11, 1979 TOWN LAW, § 39; CPL, § 1.20 (33) (q); PENAL LAW, § 35.30 (1) A town board may direct a constable to appear in Town Justice Court to keep order. The constable may, in his sound discretion, use handcuffs to […]

HON EDWARD M. SALTZMAN Attorney General of New York — Opinion Dated: March 10, 1976 REAL PROPERTY TAX LAW, Section 1455, subds. 4, 22 and 26. A village in Westchester County operating under the optional tax sale procedures outlined in Section 1455 which acquired title to real property by deed in lieu of payment of […]

HON. ARTHUR LEVITT Attorney General of New York — Opinion Dated: October 3, 1977 LAWS OF 1977, CHAPTER 837; RETIREMENT AND SOCIAL SECURITY LAW, Article3; 42 U.S.C. § 418 Chapter 837 of the Laws of 1977 bars political subdivisions, including those which have given notice of intention to terminate coverage under Federal Old Age and […]