Category: Attorney General Opinions

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 […]

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 […]

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. […]

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 […]

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. […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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. […]

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 […]