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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 1979-226
Hon. Robert A. Collins Attorney General of New York — Opinion Dated: September 11, 1979 PUBLIC OFFICERS LAW, §§ 5, 10. Member of Zoning Board of Appeals may be reappointed to succeed himself and is required to file a new oath of office upon reappointment. Failure to do so makes him a holdover. Board action […]
Opn. No. 98-6
Thomas B. Hayner, Esq. Attorney General of New York — Opinion February 9, 1998 COUNTY LAW § 411; TOWN LAW § 42. A member of the county legislature may also serve as a deputy supervisor of a town within the county. JAMES D. COLE, Assistant Attorney General Informal Opinion No. 98-6 Thomas B. Hayner, Esq. […]
Opn. No. 2003-13
Charles Genese, Esq. Attorney General of New York — Opinion October 28, 2003 N.Y. CONST., ART. IX, § 2(c)(6)and (c)(10); ALCOHOLIC BEVERAGE CONTROL LAW § 2; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(6) and (a)(12); TOWN LAW §§ 64(3), 130(15). A town may allow the consumption of alcohol on town property, and may implement a permit […]
Opn. No. 98-3
John J. Carmody, Esq. Attorney General of New York — Opinion February 6, 1998 NY CONST, ART IX, § 2(c)(i) and (ii)(3), (10); ELECTION LAW, ART14, §§ 14-100, et seq., 14-102, 14-104, 14-108, 14-110, 14-130; GENERAL MUNICIPAL LAW § 806; MUNICIPAL HOME RULE LAW § 10(1)(i) and (ii)(a)(3), (12); 9 NYCRR PART 6200, et seq. […]
Opn. No. 1977-162
HON. RAYMOND F. LOUCKS Attorney General of New York — Opinion Dated: April 27, 1977 GENERAL MUNICIPAL LAW, §§ 127(1) and 134; SCHENECTADY COUNTY CHARTER,§ 14.01. The provisions of General Municipal Law, § 127(1), providing that the board of managers of a county public general hospital be appointed by the board of supervisors, prevails over […]
Opn. No. F90-5
Hon. Richard F. Corbisiero, Jr., Chairman Attorney General of New York — Opinion Issued on: August 8, 1990 NY CONST, ART I, § 9(2); GENERAL MUNICIPAL LAW, §§ 186(3), (3-a)and (15), 195-b; 9 NYCRR § 5620.19(c)(1), (c)(9) and (c)(13). Article 9-A of the General Municipal Law, dealing with games of chance,does not permit the utilization […]
Opn. No. 1978-87
Dudley M. Ferguson, Esq. Attorney General of New York — Opinion Dated: January 17, 1978 VILLAGE LAW, § 10-1018 A village chief or assistant chief may simultaneously serve on the town board of the town within which the village is located, notwithstanding that the village has a contract with the town to provide fire protection […]
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:
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 […]