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 […]
Category: Attorney General Opinions
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 […]
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-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 […]
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 […]