Garrison R. Corwin, Jr., Esq. Attorney General of New York — Opinion Dated: April 24, 1986 CIVIL SERVICE LAW, § 35; TOWN LAW, §§ 174(2), 176(2-a), 177 and 178. An appointive fire district treasurer is a member of the classified civil service. Garrison R. Corwin, Jr., Esq. Fire District Counsel, Fairview I am writing in […]
Category: Attorney General Opinions
Opn. No. 1976-223
HON. JAMES A. HAYNES, JR. Attorney General of New York — Opinion Dated: June 25, 1976 ALCOHOLIC BEVERAGE CONTROL LAW, § 128(1) CRIMINAL PROCEDURE LAW,§ 1.20(33, 34) AGRICULTURE AND MARKETS LAW, § 119(3) VEHICLE ANDTRAFFIC LAW, § 132 A dog warden has the powers of a constable or other peace officer in executing the appropriate […]
Formal Opinion No. 85-F14
Hon. Clifton R. Wharton, Jr. Attorney General of New York — Opinion Dated: November 12, 1985 EDUCATION LAW, §§ 6306(1), (2), (4) and (5), 6310; PUBLIC OFFICERS LAW, §§ 2, 3, 30; L 1977, Ch 164; L 1984, Ch 552; L 1985, Ch 348. The student members of community college boards of trustees are public […]
Informal Opinion No. 87-30
John T. Manning, Esq. Attorney General of New York — Opinion Dated: March 19, 1987 COUNTY LAW, §§ 673(1), 674(1); CRIMINAL PROCEDURE LAW, § 140.10. The positions of coroner and town police officer are incompatible. John T. Manning, Esq. Assistant County Attorney, Essex You have asked whether a person may hold simultaneously the positions of […]
Informal Opinion No. 83-75
James M. Brooks, Esq. Attorney General of New York — Opinion Dated: December 14, 1983 NAVIGATION LAW, §§ 45, 46, 73(4); NAVIGATION LAW (1909), §§ 68, 69; L 1931, Ch 379; L 1941, Ch 941. A county which has established a vessel regulation zone under Navigation Law, § 46 may not adopt regulations under that […]
Informal Opinion No. 85-31
Jerome A. Mirabito, Esq. Attorney General of New York — Opinion Dated: April 23, 1985 GENERAL MUNICIPAL LAW, §§ 242, 243, 244; MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW, §§ 30, 36. A city recreation commission may not include in its rules of procedure a provision for removal of a member upon his […]
Opn. No. 82-F8
Honorable Richard A. Berman Attorney General of New York — Opinion Dated: July 13, 1982 BUSINESS CORPORATION LAW, §§ 723, 727; NOT-FOR-PROFIT CORPORATION LAW, §§ 723, 727; PRIVATE HOUSING FINANCE LAW, Art 6-A, § 254(1); PUBLIC OFFICERS LAW, §§ 17, 18; L 1981, Ch 277. Neither section 17 nor section 18 of the Public Officers […]
Opn. No. 96-7
Richard J. Zwirn, Esq. Attorney General of New York — Opinion March 4, 1996 REAL PROPERTY TAX LAW §§ 1402, 1408, 1420. The positions of mayor of a village and member of the town board of assessment review are incompatible where the village uses the town assessment roll and the town board of assessment review […]
Informal Opinion No. 83-16
Richard I. Cantor, Esq. Attorney General of New York — Opinion Dated: March 10, 1983 NY CONST, Art III, § 17, Art XII, § 2 (1924-1938); GENERAL CITY LAW, Art 2-A, §§ 20 (22), 23; GENERAL MUNICIPAL LAW, § 72-h; MUNICIPAL HOME RULE LAW, §§ 23(2)(f), 24(2)(g); SECOND CLASS CITIES LAW, § 42; L 1897, […]
Opn. No. I91-33
Annette M. Harding, Esq., Legal Counsel Attorney General of New York — Opinion Issued on: June 6, 1991 NY CONST, ART IX, § 1(d); GENERAL MUNICIPAL LAW, §§ 703, 711, 712,713. The qualified voters residing in an area proposed to be annexed mustapprove the annexation in a special election conducted by the municipalityin which they […]
Opn. No. 1979-194
Hon. John J. Pappalardo Attorney General of New York — Opinion Dated: July 27, 1979 VILLAGE LAW, § 1-102 (1) The power of a village to acquire real property is limited to that which is needed for some village purpose and, therefore, the Village of Tuckahoe is precluded from acquiring real property when the proposed […]
Opn. No. 1980-40
Hon. Thomas A. Coughlin, III Attorney General of New York — Opinion Dated: July 1, 1980 CORRECTION LAW, § 24-a; PUBLIC OFFICERS LAW, § 17. Representation and indemnification of health care providers performing professional services at the request of the Department of Correctional Services on a per diem or contract basis are not provided for […]
Formal Opinion No. 86-F12
Hon. Franklin E. White Attorney General of New York — Opinion Dated: December 31, 1986 VEHICLE AND TRAFFIC LAW, §§ 15, 385(17); FEDERAL-AID HIGHWAYS LAW (23 U.S.C. § 127); FEDERAL-AID HIGHWAYS AMENDMENTS OF 1974; TRANSPORTATION ASSISTANCE ACT OF 1982 (Pub L Nos. 93-643, 88 Stat 2283 [Jan. 4, 1975]; 97-424, 96 Stat 2123); L 1985, […]
Opn. No. I91-51
S. John Campanie, Esq., County Attorney Attorney General of New York — Opinion Issued on: August 5, 1991 HIGHWAY LAW §§ 230, 234, 237. The Highway Law authorizes a county to assume responsibility for theinspection and maintenance of bridges within cities of the third classwhich lie within the county. Patrick Barnett-Mulligan, Assistant Attorney General Requestor: […]
Opn. No. 81-127
Jerome A. Mirabito, Esq. Attorney General of New York — Opinion Dated: November 30, 1981 GENERAL CITY LAW, §§ 40, 45; L 1892, Ch 602 § 5; L 1941, Ch 443. A homeowner doing plumbing work in his home need not obtain a certificate of competency from the examining board of plumbers of a city. […]
Informal Opinion No. 86-56
Dennis V. Tobolski, Esq. Attorney General of New York — Opinion Dated: September 24, 1986 COUNTY LAW, § 215. Statutory authority exists for a county board of legislators to enter into a five-year lease for office space which is effective and binding on its successors. The board may not, however, enter into a five-year lease […]
Opn. No. 81-77
Louis J. Colella, Esq. Attorney General of New York — Opinion Dated: June 1, 1981 MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(ii)(a)(12), 10(1) (ii)(e)(3), 10(2); VILLAGE LAW, §§ 7-718, 7-725(1), 7-728(1), 7-738. A village board of trustees may withdraw site plan and plat approval powers from the planning board, assume these duties itself, and give […]
Informal Opinion No. 83-46
Marc L. Parris, Esq. Attorney General of New York — Opinion Dated: August 26, 1983 US CONST, Art I, § 8, cl 3, Art IV, § 2, cl 2 and Amend XIV, § 1; N Y CONST, Art IX, § 2(c)(10); GENERAL MUNICIPAL LAW, §103; LABOR LAW, § 222; MUNICIPAL HOME RULE LAW, § 10 […]
Informal Opinion No. 2006-5
J. Grant Zajas. Attorney General of New York — Opinion June 23, 2006. Village Law §§ 3-300 (3) and (4), 3-301 (3) and (4), 4-412; Town Law §§ 20(4), 30, 30(10) The positions of deputy town clerk and village trustee are compatible. KATHRYN SHEINGOLD, Assistant Solicitor General J. Grant Zajas Informal Opinion Town Attorney No. […]
Opn. No. 2011-5
Bernetta A. Bourcy. Attorney General of New York — Opinion February 7, 2011. Highway Law §§ 102, 102(1), 102(14), 139, 39(1), 322, 372 Discussion of county’s duty with respect to trees within highway right of way. KATHRYN SHEINGOLD, Assistant Solicitor General Informal Opinion No. 2011-5 Bernetta A. Bourcy County Attorney Yates County 415 Liberty Street […]