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. […]
Category: Attorney General Opinions
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. 81-66
Katherine H. Wears, Esq. Attorney General of New York — Opinion Dated: April 30, 1981 ELECTION LAW, §§ 1-102, 6-132, Art 6; MUNICIPAL HOME RULE LAW, §§20 (2) and (4), 24, 36 (3), 37 (3), 51. Section 36 (3) of the Municipal Home Rule Law provides the legal guidelines for determining the sufficiency of a […]
Opn. No. 2003-14
Charlene M. Indelicato, Esq. Attorney General of New York — Opinion October 28, 2003 N.Y. CONST., ART. IX, ART. VIII, § 1, ART. XVIII; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12). A county may finance the acquisition of property for the development of affordable housing where most of the property will be used for low-income residential […]
Opn. No. I94-25
Hon. Terence M. Zaleski, Mayor, City of Yonkers Attorney General of New York — Opinion Issued on: July 13, 1994 PUBLIC HOUSING LAW § 30; L 1974, CH 482. The mayor of the City of Yonkers may utilize one of his five appointmentsto appoint a tenant to the board of the Yonkers Municipal HousingAuthority. James […]
Opn. No. 1977-55
HON. ROBERT P. WHALEN, M.D. Attorney General of New York — Opinion Dated: June 27, 1977 PUBLIC HEALTH LAW, §§ 3331, 3332, 3333, 3334, 3371 The Department of Health may disclose to the patient himself information concerning the patient which is in the Department’s possession due to the filing of certain prescriptions pursuant to the […]
Opn. No. I91-10
Philip J. Patti, Esq., Town Attorney Attorney General of New York — Opinion Issued on: January 24, 1991 REAL PROPERTY TAX LAW § 310; TOWN LAW § 138. The positions of town building inspector and town assessor arecompatible. James D. Cole, Assistant Attorney General Requestor: Philip J. Patti, Esq., Town Attorney Town of Troupsburg 230 […]
Opn. No. 82-F1
Honorable Edward V. Regan Attorney General of New York — Opinion Dated: February 8, 1982 NY CONST, Art VII, §§ 5, 7, 8, 11; PUBLIC AUTHORITIES LAW, §§1291(3), 1860-a(3), 2408(2), 3036(4); STATE FINANCE LAW, §§ 101, 105, 106; URBAN DEVELOPMENT CORPORATION ACT, McK UNCONS LAWS, § 6270(3); L 1968, Ch 174. Issuance of scrip to […]
Opn. No. 1978-9
Hon. James L. Larocca Attorney General of New York — Opinion Dated: September 19, 1978 GENERAL BUSINESS LAW, § 322-a (1) and (2)(a) and (3)(a). General Business Law, § 322-a (3) (a) prohibits publications enjoying multi-state distribution from advertising certain gas appliances, as defined by General Business Law, § 322-a, within New York State. However, […]
Opn. No. 2003-1
John T. Ellis II, Esq. Attorney General of New York — Opinion February 3, 2003 CIVIL SERVICE LAW § 58; EXECUTIVE LAW § 835, 840; GENERAL BUSINESS LAW § 80; GENERAL MUNICIPAL LAW § 209-q; PENAL LAW §§ 190.25, 190.26, 190.27; 9 NYCRR 495.1; 21 NYCRR 5.12, 5.13. A village police chief who is not […]
Informal Opinion No. 85-58
Harold H. Reilly, Esq. Attorney General of New York — Opinion Dated: July 22, 1985 VILLAGE LAW, § 3-300(3). A trustee of a village may simultaneously hold the position of paid commissioner of the village police department. Harold H. Reilly, Esq. Village Attorney, Wappingers Falls You have asked whether a member of a village board […]
Opn. No. 1980-27
Hon. John Van Lindt Attorney General of New York — Opinion Dated: December 29, 1980 NY CONST, Art I, § 9; GENERAL MUNICIPAL LAW, Art 9-A. The Buffalo Convention Center Management Corporation is an authorized games of chance lessor under General Municipal Law, § 186 (4) (8). Hon. John Van Lindt Chairman NYS Racing and […]
Informal Opinion No. 84-42
Stanley E. Anderson, Jr., Esq. Attorney General of New York — Opinion Dated: September 4, 1984 GENERAL MUNICIPAL LAW, § 247. A municipality that has acquired an easement to preserve open spaces under section 247 of the General Municipal Law may discontinue such use provided that the land has not been dedicated to park or […]
Informal Opinion No. 85-9
Patrick R. McGill, Esq. Attorney General of New York — Opinion Dated: February 14, 1985 COUNTY LAW, §§ 150-a, 151; PUBLIC OFFICERS LAW, §§ 2, 5. Under section 5 of the Public Officers Law, the chairperson of a county legislature is entitled to hold the position of chairperson until a successor is chosen. Patrick R. […]
Opn. No. 1979-63
Hon. Orin Lehman Attorney General of New York — Opinion Dated: October 23, 1979 STATE LAW, §§ 70 to 74; GENERAL BUSINESS LAW, § 136. The Office of Parks and Recreation may permit the State coat of arms to appear on the labels of bottles containing mineral waters from the State Reservation at Saratoga Springs […]
Opn. No. 1981-11
Hon. John G. McGoldrick Attorney General of New York — Opinion Dated: October 26, 1981 PUBLIC OFFICERS LAW, § 17 (1)(a), EXECUTIVE ORDER NO. 10.3. Public members of the Board of Public Disclosure established by Executive Order 10.3 are “employees” eligible for defense and indemnification under Public Officers Law, § 17. Hon. John G. McGoldrick […]