Robert J. Prier, Esq. Attorney General of New York — Opinion Dated: December 29, 1988 VILLAGE LAW, §§ 4-400(1)(c) and (i), 4-412 (1). The mayor has responsibility for appointment of village officers and employees, subject to approval of the board of trustees. The board of trustees is responsible for authorizing the village to enter into […]
Category: Attorney General Opinions
Opn. No. 2005-1
Gary T. Kropkowski Attorney General of New York — Opinion January 4, 2005 C.P.L.R. § 7803; PUBLIC OFFICERS LAW § 36; VILLAGE LAW §§ 4-400(1)(e), 4-402; L. 1972, CH. 892, §§ 1, 2, 3. Under the Village Law, a village trustee may not direct the village clerk to take, publish, and make available to the […]
Opn. No. 82-F5
Honorable John G. McGoldrick Attorney General of New York — Opinion Dated: May 3, 1982 NY STATE CONST, Art VII, §§ 1-6; STATE FINANCE LAW, § 22. The Legislature’s power to alter appropriation bills (other than those for the Legislature and the Judiciary) is limited to striking out an item of appropriation, reducing the dollar […]
Informal Opinion No. 88-59
Verner M. Ingram, Jr., Esq. Attorney General of New York — Opinion Dated: August 19, 1988 CODE OF JUDICIAL CONDUCT, Canon 3 (C) (1) (a) and (c); GENERAL MUNICIPAL LAW, §§ 806 (1), 808; MUNICIPAL HOME RULE LAW, § 10 (1) (ii) (a) (1). The opposition of a neighbor to a proposed building project should […]
Opn. No. 2002-F3
Hon. Joan A. Cusack Attorney General of New York — Opinion October 30, 2002 EXECUTIVE LAW §§ 620, 624, 631(2) The terms “rehabilitative occupational training” and “employment-oriented rehabilitative services” used in the crime victims law do not include start-up costs for a business operated by a disabled crime victim or the costs of enhancing a […]
Opn. No. 98-48
Henry Van Acker, Jr., Esq., Attorney General of New York — Opinion November 2, 1998 GENERAL OBLIGATIONS LAW §§ 5-1501, 5-1202A; REAL PROPERTY LAW, ART9, §§ 291, 294. Neither the provisions of the General Obligations Law governing a power of attorney nor the provisions of the Real Property Law governing recording of deeds makes the […]
Informal Opinion No. 86-4
Gerard J. Alonzo, Jr., Esq. Attorney General of New York — Opinion Dated: March 7, 1986 HIGHWAY LAW, §§ 141, 277; TOWN LAW, § 104. The offices of town superintendent of highways and trustee of a village in the town are incompatible. Gerard J. Alonzo, Jr., Esq. Village Attorney, Livonia You have asked whether one […]
Opn. No. 97-41
Donald G. Nichol, Esq. Attorney General of New York — Opinion October 1, 1997 GENERAL MUNICIPAL LAW § 805-a(1)(c). Representation of the town board by the municipal attorney in a matter before the zoning board of appeals is not a violation of section 805-a(1)(c) of the General Municipal Law. The zoning board of appeals has […]
Opn. No. 82-F19
Honorable John M. Prenderville, Chairman Attorney General of New York — Opinion Dated: December 23, 1982 PUBLIC OFFICERS LAW, § 17; McKINNEY’S UNCONSOLIDATED LAWS, §§ 8904, 8905, 8906, 8925, 8926; L 1948, Ch 754, §§ 2, 3, 5; 19 NYCRR, §§ 209.1, 209.2, 209.3, 209.5, 209.15, 215.7. Panel physicians of the New York State Athletic […]
Opn. No. 99-30
Ira J. Cohen, Esq. Attorney General of New York — Opinion October 13, 1999 The position of county director of risk management/ insurance is incompatible with the position of town supervisor where the town participates in the county insurance program. SIOBHAN S. CRARY, Assistant Solicitor General Ira J. Cohen, Esq. Informal Opinion County Attorney No. […]
Informal Opinion No. 84-5
Philip L. Bailey, Esq. Attorney General of New York — Opinion Dated: February 14, 1984 EDUCATION LAW, §§ 260(1), (2), 1709, 1804. A teacher employed by a central school district may simultaneously serve as a trustee of a public library established by that school district. Philip L. Bailey, Esq. Counsel, Penn Yan Public Library You […]
Opn. No. 1978-300
Hon. Donald R. Becker Attorney General of New York — Opinion Dated: November 28, 1978 TOWN LAW § 23; REAL PROPERTY TAX LAW, § 1524 Member of town’s board of assessment review is a public officer and must be a resident of the town for which he serves. Hon. Donald R. Becker Town Attorney, Newburgh […]
Informal Opinion No. 88-19
Ilan S. Schoenberger, Esq. Attorney General of New York — Opinion Dated: March 9, 1988 NY CONST, ART IX, § 1 (h) (1); MUNICIPAL HOME RULE LAW, § 33 (7) and (9); ROCKLAND COUNTY CHARTER, § 20.04 (d). A proposed amendment to the Rockland County Charter abolishing town and village police departments and transferring the […]
Opn. No. 1977-44
HON. BENJAMIN WARD Attorney General of New York — Opinion Dated: February 17, 1977 CRIMINAL PROCEDURE LAW, § 380.70. Delivery of only that portion of the certified copy of stenographic minutes of sentencing proceedings which reflect the pronouncement of sentence by the court does not meet the requirement of §380.70 of the Criminal Procedure Law. […]
Informal Opinion No. 86-29
Kevin K. Ryan, Esq. Attorney General of New York — Opinion Dated: May 13, 1986 A director of a housing authority, whose spouse is employed by the authority as a maintenance worker, should recuse herself from participating in matters affecting the terms and conditions of employment of her husband. Under certain circumstances, she should not […]
Opn. No. F91-4
Hon. Thomas A. Duffy, Chairman Attorney General of New York — Opinion Issued on: April 29, 1991 ALCOHOLIC BEVERAGE CONTROL LAW §§ 3(22), 126. The United States-Canada Free Trade Agreement does not preventapplication of section 126 of the Alcoholic BeverageControl Law to Canadian corporations. Thus, such corporations areineligible to receive licenses to traffic in alcoholic […]
Informal Opinion No. 83-69
Robert G. Main, Jr., Esq. Attorney General of New York — Opinion Dated: November 30, 1983 CIVIL PRACTICE LAW AND RULES, §§ 306(d), 321, 2103(a), 3215, 8011(c)(1); UNIFORM JUSTICE COURT ACT, §§ 110(a), 401, 403, 409(a), (b), 701, 1402, 1809, 1908, 1911(b), 2300. The clerk of a village court may prepare summonses and transmit them […]
Opn. No. 1977-187
HON. FRANCIS G. CALDERIA Attorney General of New York — Opinion Dated: June 3, 1977 TOWN LAW, § 158 The Town of Lumberland, which has a population of less than 1,000 as shown by the latest federal census, cannot appoint temporary or special policemen pursuant to Town Law, § 158; a town constable possesses the […]
Opn. No. 1978-111
Hon. John J. Fox Attorney General of New York — Opinion Dated: February 23, 1978 TOWN LAW, § 64 (2) and (3). A town board may grant a concession for a reasonable fee, terminable at will by the town, to a private entity to operate a restaurant in a town-owned building in the town park. […]
Opn. No. 1976-184
HON. RONALD PETE COVEY Attorney General of New York — Opinion Dated: April 29, 1976 TOWN LAW, §§ 29(10), 29(15), and 30. The position of confidential secretary or bookkeeper to the town supervisor, authorized by section 29(15) of the Town Law, is incompatible with the position of deputy town clerk, but there exists no incompatibility […]