Hon. Stephen Chinlund Attorney General of New York — Opinion Dated: June 1, 1981 CORRECTION LAW, § 45 (2); PUBLIC OFFICERS LAW, § 74, subd 3 (a),(d) and (h). The head of a State bureau charged with monitoring and reviewing the operation of a local government agency may not act as a consultant to that […]
Category: Attorney General Opinions
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 […]
Opn. No. I91-31
Cynthia Ahlgren Shea, Esq., Town Attorney Attorney General of New York — Opinion Issued on: May 8, 1991 CIVIL SERVICE LAW §§ 75, 76; TOWN LAW § 155. A member of a town police department, who is not a veteran and whosediscipline is not governed by a collective bargaining agreement, is to bedisciplined under the […]
Opn. No. 1980-145
Hon. John W. Sutton Attorney General of New York — Opinion Dated: May 13, 1980 MUNICIPAL HOME RULE LAW, § 10, Subd 1, Par (ii), Cl d, Subcl(3); PUBLIC OFFICERS LAW, §§ 100, 105; TOWN LAW, §§ 267 (1),272. A town board may not preclude the use of tape recorders at public meetings of such […]
Opn. No. 1976-90
JAMES H. TULLY, JR. Attorney General of New York — Opinion Dated: February 6, 1976 TAX LAW, Section 1510(b)(1) Money received by an insurance company from an employer as reimbursement for insurance paid out by the insurance company is a premium under the provisions of Section 1510(b)(1) of the Tax Law. HON. JAMES H. TULLY, […]
Opn. No. 95-44
Jeffrey Schanback, Esq. Attorney General of New York — Opinion September 5, 1995 CONSOLIDATED LAWS OF NEW YORK, BOOK 1, § 98; STATE FINANCE LAW § 165; L 1991 CH 663. State Finance Law § 165 was intended to prohibit the purchase of only those species of tropical hardwoods listed in the statute. We also […]
Informal Opinion No. 86-19
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 […]
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 […]