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. […]
Category: Attorney General Opinions
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Attorney General of New York — Opinion Erratum Opinion No. 81-123, printed on pages 279-80, was superseded by the following opinion:
Opn. No. I93-33
John B. Nesbitt, Esq., Town Attorney Attorney General of New York — Opinion Issued on: June 4, 1993 VEHICLE AND TRAFFIC LAW § 1224. A town must, pursuant to Vehicle and Traffic Law § 1224 remove anddispose of vehicles abandoned on private property. Abandonment of avehicle is an offense punishable by a fine of $250 […]
Opn. No. 1976-254
HON. LOUIS J. MUSTICO Attorney General of New York — Opinion Dated: September 7, 1976 GENERAL MUNICIPAL LAW, § 207-c. A deputy sheriff is not a member of a police force of the county within the meaning of section 207-c of the General Municipal Law. HON. LOUIS J. MUSTICO County Attorney, Chemung County This is […]
Informal Opinion No. 83-20
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 […]
Opn. No. 98-21
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 […]
Opn. No. 1979-88
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 […]
Opn. No. 1976-144
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 […]
Opn. No. 1977-39
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 […]
Opn. No. 1978-197
Hon. Herbert A. Kline Attorney General of New York — Opinion Dated: June 22, 1978 NEW YORK CONSTITUTION, Article IX, §§ 2(c) and 3(a[2]); MUNICIPAL HOMERULE LAW, §§ 10 (1 [i, ii]) and 11 (1 [e]). PUBLIC OFFICERS LAW,§ 30 (1 [d]) and 36. A town board may not commence a proceeding for the removal […]
Informal Opinion No. 88-20
James A. Schondebare, Esq. Attorney General of New York — Opinion Dated: March 25, 1988 TOWN LAW, § 20 (4); L 1893, Ch 615, §§ 1 and 3. In the town of Southold, the positions of town board member and member of the board of trustees of the town are incompatible. James A. Schondebare, Esq. […]
Opn. No. I93-21
Alan O. Minsker, Esq., County Attorney Attorney General of New York — Opinion Issued on: March 11, 1993 COUNTY LAW § 411. The positions of county treasurer and city alderman arecompatible. James D. Cole, Assistant Attorney General Requestor: Alan O. Minsker, Esq., County Attorney County of Cattaraugus 303 Court Street Little Valley, N Y 14755 […]
Opn. No. I93-40
Richard W. Breslin, Esq., County Attorney Attorney General of New York — Opinion Issued on: June 28, 1993 CIVIL PRACTICE LAW AND RULES §§ 308, 312-a; COURT OF CLAIMS ACT§ 11; GENERAL OBLIGATIONS LAW § 15-304. A single unsuccessful attempt to serve a notice under General ObligationsLaw § 15-304 by certified mail does not constituteeffective […]
Opn. No. 1980-136
Donald R. Sallah, Esq. Attorney General of New York — Opinion Dated: April 23, 1980 GENERAL MUNICIPAL LAW, §§ 30-a, 33-a; INSURANCE LAW, §§ 553,554; L 1978, CH 6. The board of fire commissioners of the Holtsville Fire District has no responsibility for the operation of the benevolent fund or for overseeing the money in […]
Opn. No. 97-36
David D. Scaglione, Esq. Attorney General of New York — Opinion August 4, 1997 EDUCATION LAW §§ 2(13), 1805, 2102, 2130(4); TOWN LAW §§ 10, 36. A town clerk may be appointed tax collector for the school district. JULIA RYAN CHRIST, Assistant Attorney General Informal Opinion David D. Scaglione, Esq. Town Attorney Town of Willsboro […]
Opn. No. 82-44
Anne L. Carson, Esq. Attorney General of New York — Opinion Dated: June 21, 1982 GENERAL BUSINESS LAW, § 394-b; PERSONAL PROPERTY LAW, Art 10, §§ 401, 402(2), 404(1), 406, 408(1) and (2), 412-a. The right of prepayment provided by Personal Property Law, § 408(1) and the disclosure of that right as required by Personal […]
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 […]