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 […]
Category: Attorney General Opinions
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. 1977-231
HON. DAVID S. RITTER Attorney General of New York — Opinion Dated: August 17, 1977 PENAL LAW, § 400.05(1,2,3) Hand guns seized by the State Police and used as evidence to support criminal charges may not be retained by members of the District Attorneys investigative staff for their official use. HON. DAVID S. RITTER District […]
Opn. No. 1980-256
Thomas J. Egan, Esq. Attorney General of New York — Opinion Dated: December 15, 1980 US CONST, 1st and 14th Amends; N Y CONST, Art I; EDUCATION LAW, §§1604 (35), 1709 (36), 2503 (18), 2554 (16-b), 2590-g (15); EXECUTIVELAW, §§ 24, 171; GENERAL MUNICIPAL LAW, § 78-a; GENERAL OBLIGATIONLAW, §§ 3-112, 3-113. A town has […]
Opn. No. 2004-F7
Shari Calnero Attorney General of New York — Opinion December 23, 2004 ENVIRONMENTAL CONSERVATION LAW §§ 9-0101, 9-0105(2), 15-2101, 15-2105, 15-2109, 15-2111, 15-2115, 41-0101, ART. 15; EXECUTIVE LAW ART. 27; PENAL LAW §§ 270.00, 405.00; L. 1972, CH. 660; L. 1941, CH. 731; L. 1940, CH. 387; 6 N.Y.C.R.R. §§ 606.15-606.17, 606.25, 606.39, 606.41, 606.65-606.69, […]
Opn. No. 1976-232
HON JOSEPH FRIEDMAN Attorney General of New York — Opinion Dated: August 3, 1976 GENERAL MUNICIPAL LAW, § 801; TOWN LAW, § 20 (2) (a); LOCALLAWS, 1970, NO. 2 OF TOWN OF WAWARSING An engineer retained by the Town of Wawarsing to act as engineering consultant to the town, given the nature of his relationship […]
Informal Opinion No. 83-12
George A. O’Hanlon, Esq. Attorney General of New York — Opinion Dated: March 9, 1983 MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(9-a) and (12); VEHICLE AND TRAFFIC LAW, §§ 1204 and 1640(6), (14) and (16). A village may fix a fee to assess the reasonable cost of attaching and removing a boot used as part of […]
Opn. No. 1978-28
Hon. William Barry Attorney General of New York — Opinion Dated: April 7, 1978 PARI-MUTUEL REVENUE LAW, § 63, subds. 1(a),7 The provisions of subdivision 7 were not intended to benefit present applicants who are barred from licensing by virtue of subdivision 1(a) of section 63. Hon. William Barry Chairman New York State Racing and […]
Informal Opinion No. 89-1
Owen B. Walsh, Esq. Attorney General of New York — Opinion Dated: January 17, 1989 ENVIRONMENTAL CONSERVATION LAW, §§ 27-0901(7), 27-0916(3), 27-1313(3)(a); L 1987, Ch 536. A consent order between a county and the Department of Environmental Conservation for the cleanup of an inactive hazardous waste disposal site is covered by subdivision 3 of section […]
Opn. No. 1978-77
Hon. Frederick R. Clark Attorney General of New York — Opinion Dated: March 24, 1978 PUBLIC AUTHORITIES LAW, §§ 1004 and 1005. Where an agreement has been reached between the trustees of the Power Authority of the State of New York and an individual hired as a consultant for services to be rendered at an […]
Opn. No. 98-F7
Hon. James McGowan Attorney General of New York — Opinion May 6, 1998 LABOR LAW §§ 220, 223; 29 U.S.C.A §§ 1001, et seq. Investigation and enforcement of compliance with the New York prevailing wage law is not preempted by the Employee Retirement Income Security Act. DENNIS C. VACCO, Attorney General Formal Opinion No. 98-F7 […]
Opn. No. I93-42
Siobhan Crary, Assistant Attorney General Attorney General of New York — Opinion Issued on: June 29, 1993 The Town of Minisink may not, by enacting an ordinance, prohibit OrangeCounty from locating a county landfill within the town limits. Siobhan Crary, Assistant Attorney General Requestor: Richard J. Shapiro, Esq., Town Attorney Town of Minisink P.O. Box […]
Opn. No. 81-10
James J. Johnston, Esq. Attorney General of New York — Opinion Dated: January 21, 1981 MUNICIPAL HOME RULE LAW, §§ 10 (1) (i), 10(1) (ii) (a) (1), 10 (1) (ii) (b) (3), 10 (1) (ii) (b) (4), 10 (1) (ii) (d) (3), 23 (2) (f); TOWN LAW, Art 3-B. A local law establishing the position […]
Informal Opinion No. 84-15
George P. McAloon, Esq. Attorney General of New York — Opinion Dated: February 22, 1984 Land dedicated for park or recreational purposes may not be sold or diverted to other uses without authorization by the State Legislature. Use of land as a golf course constitutes a recreational use. The acts of a village in purchasing […]
Opn. No. 1980-115
J. Michael Shane, Esq. Attorney General of New York — Opinion Dated: February 11, 1980 AGRICULTURE AND MARKETS LAW, §§ 106-126 (Art 7). A licensed veterinarian may be appointed as dog control officer of a town and perform the duties of the position in facilities rented by the town from the veterinarian. J. Michael Shane, […]
Opn. No. 82-62
Sebastiano P. Occhino, Esq. Attorney General of New York — Opinion Dated: August 30, 1982 NY CONST, Art 5, § 6; CIVIL SERVICE LAW, §§ 17, 22, 41, 42, 43 and 44; HIGHWAY LAW, § 140(4); TOWN LAW, § 20(1); Art 8. The town superintendent of highways has responsibility for hiring employees of the town […]