Brad Williams. Attorney General of New York — Opinion August 1, 2008. United States Code §§ 796b(2)(B), 796c, 796d; General Construction Law § 41 Thirteen voting members of the Council constitute a quorum, and at least thirteen voting members must approve a motion for it to pass. ANDREW M. CUOMO, Attorney General Brad Williams Formal […]
Category: Attorney General Opinions
Opn. No. I92-60
Jens G. Lobb, Esq., Town Attorney Attorney General of New York — Opinion Issued on: November 3, 1992 HIGHWAY LAW §§ 140(2), 147, 189, 319(2). The extent of the right-of-way of a highway by use includes, at aminimum, the shoulders and whatever land is necessary for the safety ofthe public, assuming that the requisites of […]
Opn. No. 99-6
Kenneth E. Powell, Esq. Attorney General of New York — Opinion February 5, 1999 MUNICIPAL HOME RULE LAW § 10(1)(ii)(a) and (1)(ii)(e)(3); VILLAGE LAW §§ 7-712, 7-718. Local laws enacted by a village pursuant to the supersession authority remain valid, despite subsequent State amendments to the State laws that were locally superseded, until the local […]
Opn. No. 82-52
William D. Scully Attorney General of New York — Opinion Dated: July 2, 1982 REAL PROPERTY TAX LAW, § 1524(1); TOWN LAW, §§ 27(1), 64(5). A person may not serve simultaneously as a member of the town board and as a member of the board of assessment review. 1972 Op Atty Gen [Inf] 135 superseded […]
Opn. No. 81-2
Hon. James A. Sommer Attorney General of New York — Opinion Dated: January 7, 1981 US CONST, 1st, 14th AMEND; TOWN LAW, §§ 190, 191. The Establishment Clause of the First Amendment of the United States Constitution does not prohibit the creation of a sewer district that will provide services to a religious corporation an […]
Opn. No. 1976-158
HON. ROBERT P. GALLOWAY Attorney General of New York — Opinion Dated: April 7, 1976 TOWN LAW, § 64, subd. 5; PUBLIC OFFICERS LAW, § 42, subd. 1. Filling vacancies in town elective office. If an elected town officer resigns prior to September 20, the vacancy is filled by appointment for the balance of the […]
Opn. No. 97-55
William J. Kirk Esq. Attorney General of New York — Opinion December 17, 1997 NY CONST, ART VI, § 17(d); TOWN LAW §§ 60-a, 90, 91, 94. A county may obtain a copyright under federal law in order to prevent unauthorized use of its publications. JAMES D. COLE, Assistant Attorney General William J. Kirk Esq. […]
Opn. No. 99-16
Bernard B. Freedman, Esq. Attorney General of New York — Opinion May 5, 1999 GENERAL MUNICIPAL LAW, ART 18, §§ 800, 805-a; PENAL LAW § 200.35. A school district may include within its code of ethics a prohibition on gifts to officers and employees of the district that is more stringent than provisions of State […]
Informal Opinion No. 87-84
Thomas F. English, Jr., Esq. Attorney General of New York — Opinion Dated: October 29, 1987 PUBLIC OFFICERS LAW, §§ 5, 9. Upon the failure to appoint a village building inspector, the incumbent holds over and continues to exercise the duties of his office until a successor is chosen and has qualified. The deputy building […]
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 […]
Opn. No. 2011-2
Richard J. Graham. Attorney General of New York — Opinion February 4, 2011. County Law §§ 400(3-a), 400(1), 400(2), 400(4-a), 400(4-b), 671(1), 671(1)(b), 673, 673(2), 674, 674(1) The district attorney may not appoint the non-physician emergency medical services coordinator as deputy coroner. KATHRYN SHEINGOLD, Assistant Solicitor General Informal Opinion No. 2011-2 Richard J. Graham County […]
Opn. No. 2002-14
William Favreau, Esq. Attorney General of New York — Opinion September 19, 2002 GENERAL MUNICIPAL LAW §§ 709, 712, 713, 716; TOWN LAW §§ 170, 173, 182(1); L. 1824, CH. 129. The Cadyville Fire District has responsibility for providing fire protection to territory annexed to the Town of Plattsburgh and previously included within the Town […]
Informal Opinion No. 85-39
Allen C. Miller, Jr., Esq. Attorney General of New York — Opinion Dated: June 11, 1985 NY CONST, Art IX, §§ 2(c)(i) and (ii)(1), 3(d)(1); COUNTY LAW, §§2(b), 400(1), (3-a), (3-b) and (4-a), 671; MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(i) and (ii)(a)(1), 23(1) and (2)(e). A county may enact a local law modifying the […]
Opn. No. 1977-138
HON. JAMES H. GLAVIN, III Attorney General of New York — Opinion Dated: March 29, 1977 TOWN LAW, §§ 20(1)(a), 29(16) and 64(3); GENERAL CONSTRUCTIONLAW, § 35; CHAPTER 43 OF THE LAWS OF 1914. The proper appointing authority for janitorial and maintenance employees for the Town Hall in the Town of Waterford is the Town […]
Opn. No. I91-48
James D. Cole, Assistant Attorney General Attorney General of New York — Opinion Issued on: July 26, 1991 HIGHWAY LAW §§ 141(3) AND (4), 277. The positions of member of a town board and village trustee areincompatible. James D. Cole, Assistant Attorney General Requestor: William J. Gibbons, Esq., Village Attorney Village of Cooperstown P.O. Box […]
Informal Opinion No. 85-29
Paul T. Rubery, Esq. Attorney General of New York — Opinion Dated: April 23, 1985 HIGHWAY LAW, §§ 141, 277. One person may not serve simultaneously as a member of a town board and as a highway superintendent of a village in the town. Paul T. Rubery, Esq. Town Attorney, Palmyra You have asked whether […]
Opn. No. 82-31
Louis N. Orfan, Esq. Attorney General of New York — Opinion Dated: May 21, 1982 ELECTION LAW, §§ 5-612(3) and 8-400(1) and (4); EDUCATION LAW, §2018-a(1), 2(a) and (2)(g); L 1981, Ch 117. Only upon the adoption by the board of education of certain school districts of a resolution providing for absentee balloting at school […]
Formal Opinion No. 89-F6
Hon. Franklin E. White Attorney General of New York — Opinion Dated: July 7, 1989 VEHICLE AND TRAFFIC LAW, § 385(8), (9), (10)(b) and (20); L 1977, Ch 735; FEDERAL-AID HIGHWAYS LAW: 23 U.S.C. § 127 (Pub L 85-767); FEDERAL-AID HIGHWAY AMENDMENTS OF 1974 (Pub L 93-643, 88 Stat 2283 [enacted Jan. 4, 1975]); FEDERAL-AID […]
Opn. No. 81-37
David J. O’Connor, Esq. Attorney General of New York — Opinion Dated: March 10, 1981 NY CONST, Art VIII, § 1; PUBLIC OFFICERS LAW, §§ 98, 99; VILLAGE LAW, § 1-102 (1). A village board may, in its discretion, sell real property at public auction or through negotiated sale and invoke whatever notice requirements it […]
Opn. No. 1976-185(2)
HON. MARVIN I. HONIG Attorney General of New York — Opinion Dated: April 30, 1976 EDUCATION LAW, Article 126; COUNTY LAW, §§ 501(1) and (2),502(1) and (2). Absent a conflict between the County of Rensselaer and the Hudson Valley Community College, the Board of Trustees of said College is not authorized to employ the services […]