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 […]
Category: Attorney General Opinions
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 […]
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. F93-4
Hon. James W. Wetzler, Commissioner Attorney General of New York — Opinion Issued on: October 19, 1993 GENERAL BUSINESS LAW, ARTICLES 11-B AND 33; §§ 199-a, 199-b, 199-c,680, 681(3)(b), 683, 684, 688, 689, 692 and 694; TAX LAW, ARTICLE 20-A,§ 483; L 1987, CH 860; L 1985, CH 897; L 1980, CH 730; L 1975, […]
Opn. No. I90-61
Kevin A. Luibrand, Town Attorney Attorney General of New York — Opinion Issued on: August 16, 1990 VEHICLE AND TRAFFIC LAW, ART 45, §§ 306(b), 402(7), 412, 509(11),1180(f), 1805; L 1989, Ch 61. Article 45 of the Vehicle and Traffic Law does not authorize apre-prepared schedule of fines to enable a motorist simultaneously to mailhis […]
Opn. No. 1977-246
HON. JOSEPH A. SPANO Attorney General of New York — Opinion Dated: September 23, 1977 NEW YORK STATE CONSTITUTION, Article IX, § 2(c); MUNICIPAL HOMERULE LAW, §§ 10(1) and 20(5); CHARTER OF THE CITY OF PORT JERVIS,Article II, §§ C2-1 and C2-3 and Article III, § C3-5. The City of Port Jervis is not authorized […]
Opn. No. 81-55
Jerry J. Scarano, Jr., Esq. Attorney General of New York — Opinion Dated: April 14, 1981 A town building inspector may not at the same time hold the other office of town supervisor or town councilman of the town in which he is the building inspector. Acceptance of the office of supervisor or councilman would […]