Appeals & Opinions - Numerical Index

1995 | 1996 | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010| 2011| 2012 | 2013
1995
Opinion Summary Abstract Related Statuessort ascending
1995-F5 Workers' Compensation Law § 125 applies to State agencies and law enforcement entities. The statute makes it unlawful for employers to inquire into or consider, for the purposes of assessing fitness for employment, whether a job applicant has filed for or received workers' compensation benefits. It also prohibits discrimination against job applicants based on their claim history. PDF PDF-ICON
1995-26 It is not necessary that an appointment by the mayor to fill the unexpired term of the superintendent of public works be approved by the board of trustees. PDF PDF-ICON
1995-58 A village which had the office of chief of police as of August 2, 1985, whether or not the position was filled, must retain the office so long as it continues to have a police department. PDF PDF-ICON
1995-21 The positions of village code enforcement officer and village planning board member are compatible. PDF PDF-ICON
1995-42 A property owner may utilize section 18-1804 of the Village Law to exclude his property from village boundaries only if he does not receive specified village services and improvements. PDF PDF-ICON
1995-24 A commissioner of the Eastchester Fire District does not have a conflict of interests as a result of his private employment as a firefighter where he is a member of the same national union as the paid firefighters with whom he must negotiate contracts on behalf of the fire district. PDF PDF-ICON
1995-F8 As amended by L 1995 ch 645, section 307(3)(a)'s indexing requirements are now expanded to include those final determinations that arise out of a statute specifically providing affected parties with an opportunity to be heard. PDF PDF-ICON
1995-41 Membership on the county legislature is incompatible with simultaneous service on the Professional Advisory Committee or the Utilization Review Committee. Also, once elected to the legislature, this individual may not continue to serve as the farm bureau representative on the board of the soil and water conservation district. PDF PDF-ICON
1995-09 A person may serve simultaneously as a member of the zoning board of appeals and member of the board of assessment review of a town. PDF PDF-ICON
1995-25 A sheriff executing a warrant issued in a summary proceeding pursuant to section 749(1) of the Real Property Actions and Proceedings Law must effect the removal of the personal property of the person to be evicted or dispossessed unless the successful petitioner relieves the sheriff of the duty to do so. PDF PDF-ICON
1995-06 Under section 18 of the Public Officers Law and the town code, a town is authorized to provide defense to one of its employees if the complaint alleges behavior within the scope of the employee's duties or upon a factual determination that this is the case by the town board. PDF PDF-ICON
1995-04 The members of the Town of Mendon's conservation board need not reside within the town since the board is strictly advisory in nature. PDF PDF-ICON
1995-18 The city manager of the City of Watertown, as the chief executive officer of the city, has the authority to make appointments to the city housing authority. PDF PDF-ICON
1995-19 Members of Troy Municipal Housing Authority are required to reside in the City of Troy. PDF PDF-ICON
1995-28 "Emergency ambulance service vehicle", as defined by section 115-c of the Vehicle and Traffic Law, includes an appropriately equipped privately-owned vehicle operated by an agent of an ambulance service and used in transporting emergency medical personnel and equipment to sick or injured persons. PDF PDF-ICON
1995-52 The proposed uses of land, acquired under the Park and Recreation Land Acquisition Program of 1960 as a municipal park, are prohibited by Parks, Recreation and Historic Preservation Law § 15.09 in the absence of express authorization by the State Legislature. PDF PDF-ICON
1995-11 A county board of supervisors in a non-charter county may by local law establish the position of county administrator. Further, if the local law does not transfer, curtail or abolish the powers of an elective officer, it would not be subject to a mandatory referendum. In that the Municipal Home Rule Law, rather than the Alternative County Government Law, is the source of authority for the enactment, the latter would not require a referendum. PDF PDF-ICON
1995-30 The person elected in November 1995 to fill the vacancy in the office of district attorney of Rockland County will serve for a full four year term. PDF PDF-ICON
1995-05 A town by local law may establish the State of New York as the residency required for an appointive town officer. PDF PDF-ICON
1995-F3 The New York State Department of Environmental Conservation may not undertake a promotional sweepstakes to promote subscriptions to "The Conservationist" absent express statutory authority to do so. PDF PDF-ICON
1995-29 A local government is authorized to enact a local law limiting the number of consecutive terms that an elected officer may serve. Such a local law is not subject to a referendum. PDF PDF-ICON
1995-46 A local law which would prohibit the award of municipal contracts to persons who have made political contributions to town officials or candidates for town office is preempted by State law. PDF PDF-ICON
1995-38 There is nothing legally objectionable to the sale of advertising space on Kingston's bus system, as it is a business activity directly related to the legitimate public function of operating Kingston's transit system. PDF PDF-ICON
1995-F9 While CUNY has not been designated as a participating agency, and is not required to conduct registration activities beyond the distribution of voter registration forms specifically mandated in the first paragraph of Election Law § 5-211, CUNY is not prohibited from implementing a more comprehensive voter registration program, including providing assistance in completion of forms and collecting and transmitting completed forms to the Board of Elections. PDF PDF-ICON
1995-F2 The Board may suspend or revoke the license of a Hudson River pilot for piloting actions he took while he was not acting under the auspices of his Hudson River pilot license. PDF PDF-ICON
1995-34 One person should not hold simultaneously the positions of village trustee and village building and bingo inspector. PDF PDF-ICON
1995-37 An agreement between an officeholder and a county to establish a term different from the term fixed in the county charter has no legal effect. PDF PDF-ICON
1995-50 A town board may reduce the term of its supervisor from four to two years by local law subject to mandatory referendum. PDF PDF-ICON
1995-08 A proposed amendment to the city charter that transfers powers of a member of the city commission to be chairperson and mayor is subject to a mandatory referendum. PDF PDF-ICON
1995-54 A county may dedicate land as a Korean War Veteran Memorial Park. The park land will be held in public trust and may not be diverted to other uses or conveyed without authorization by the State Legislature. PDF PDF-ICON
1995-22 There is no incompatibility between serving on the planning board and holding a position of employment providing computer services in the town. While a town might enact a local law prohibiting the simultaneous holding of various positions, a finding should first be made that the enactment is in the public interest. PDF PDF-ICON
1995-F4 A person appointed to the position of Chairman of the Employment Relations Board may take an unpaid leave of absence from the law firm of which he is a partner. PDF PDF-ICON
1995-51 A person may not hold simultaneously the positions of mayor of a village and supervisor of a town. PDF PDF-ICON
1995-01 A county may provide for the reversion of a bridge, which is part of the county road system, to a town in accordance with the procedures set forth in Highway Law §§ 115-b and 115-c. PDF PDF-ICON
1995-03 The town highway superintendent is unauthorized to designate a town road as a seasonal limited use highway if, as a factual matter, at least one occupied residence or commercial building depends upon the highway for access. PDF PDF-ICON
1995-31 The width of a town highway by use, established in accordance with Highway Law § 189, is determined by the extent of actual use. PDF PDF-ICON
1995-17 Members of a private industry council, except for those serving in a governmental capacity, are not required to file financial disclosure forms under Article 18 of the General Municipal Law. PDF PDF-ICON
1995-47 The county may enter a mutual aid agreement with a county from another state pursuant to General Municipal Law Article 14-G, which permits interlocal agreements in specified circumstances. PDF PDF-ICON
1995-07 It is a conflict of interests for an assessor to represent in his or her private capacity a taxpayer in another town where that taxpayer also owns property within the assessor's jurisdiction. PDF PDF-ICON
1995-14 A member of a town planning board may not be compensated or enter into an agreement to be compensated for the preparation of test borings, date from which would be incorporated into subdivision maps and site plans to be presented to the planning board for review. The statutory prohibition does not allow recusal as an appropriate remedy. PDF PDF-ICON
1995-10 A discussion of conflicts of interests under various scenarios involving school staff members' receipt of gratuities in acting as chaperones for student trips. PDF PDF-ICON
1995-32 The receipt of a tuition waiver or stipend by a school district employee in return for assisting a college student in meeting his or her student teaching requirement does not violate section 805-a of the General Municipal Law. PDF PDF-ICON
1995-20 A city may provide by local law for a seven-member zoning board of appeals. PDF PDF-ICON
1995-13 The appointment by the mayor of the City of Schenectady of members of the planning commission, subject to confirmation by the city council, is not inconsistent with provisions of State law. PDF PDF-ICON
1995-57 An automobile supplies and parts store may not make a car door opener available to the general public. Violations should be prosecuted by the district attorney. PDF PDF-ICON
1995-F1 Compromise or settlement by the Crime Victims Board of the amount of lien which attaches to a recovery, pursuant to Executive Law § 634(2), may or may not constitute a waiver of lien which attaches to a subsequent recovery or waiver of subrogation rights, set forth in Executive Law § 634(1)(a). The intent of the parties as evidenced by the record of proceedings governs. PDF PDF-ICON
1995-15 The county may not "opt out" of code enforcement with respect to IDA property. The county may "opt out" of enforcement with respect to all county property or may make agreements with local governments allocating enforcement responsibility. PDF PDF-ICON
1995-F7 Prescriptions written by residents and interns in the hospital where they are employed, while they are practicing under the supervision of a licensed physician, may be filled at any licensed pharmacy. PDF PDF-ICON
1995-23 The position of fire marshall may be created by local law. Upon creation of that office, the fire marshall's vehicle would be categorized as a fire vehicle under section 115-a of the Vehicle and Traffic Law. PDF PDF-ICON
1995-39 The Town of Putnam Valley may appoint harbor masters to enforce the Navigation Law on Lake Oscawana, provided that the lake meets the definition of navigable waters contained in Navigation Law § 2(4). Town harbor masters, as peace officers, may enforce those provisions of the Environmental Conservation Law which are consistent with their specific duties when authorized or required to do so by their employers. PDF PDF-ICON
1995-45 The county clerk may accept for filing a certificate that indicates a person is doing business under an assumed name that appears to be the name of a person, when the certificate describes the secondary, historic or geographic meaning or connotation of the assumed name. The clerk may not require that such a certificate be filed in other counties before it is accepted for filing in the clerk's county. The exemption set forth in CPLR § 8017 applies only to the county served by the clerk with whom papers are to be filed. The county clerk may correct an obvious clerical error and remove erroneously recorded documents from the record, taking whatever steps are deemed necessary to avoid confusion as a result of the removal. PDF PDF-ICON
1995-16 A charter county may not set up a plan for the representation of indigent defendants which is inconsistent with the options provided by section 722(1-4) of the County Law. In order to establish such a plan for Sullivan County, an act of the State Legislature would be required. PDF PDF-ICON
1995-33 The positions of county coroner and village trustee are compatible. PDF PDF-ICON
1995-53 The provisions of the Criminal Procedure Law, including section 420.10, are applicable to fines imposed under General Municipal Law § 136 and under the New York State Uniform Fire Prevention and Building Code. PDF PDF-ICON
1995-43 The Village and Town Laws do not permit an arrangement whereby the Town of Alden would provide law enforcement only to the Village of Alden and not to the area of the town outside the village. Other alternatives exist for the provision of law enforcement to the village. PDF PDF-ICON
1995-49 Each sewage-works corporation must petition for a sewer rate that is directly related to the cost of operating and maintaining its own sewer system for its own users in its approved area of operation. There is no authority for the municipal approval of a combined sewer rate or increase for two sewageworks corporations, regardless of the revenue needs or circumstances of either corporation. PDF PDF-ICON
1995-44 State Finance Law § 165 was intended to prohibit the purchase of only those species of tropical hardwoods listed in the statute. We also conclude that the exemption for products from "a sustained, managed forest" is not defined in the statute. PDF PDF-ICON
1995-48 A municipality is unauthorized to establish a term for an office in the competitive class of the civil service. This principle applies to a chief of police serving as the executive head of a municipality's police department, so long as that position is classified competitive. PDF PDF-ICON
1995-55 Subject to mandatory referendum, the village board of trustees may enact a local law transferring the authority to discipline police officers from the board of trustees to the village manager. PDF PDF-ICON
1995-36 The mayor may appoint a single member of the board of trustees to be commissioner of the village police department. PDF PDF-ICON
1995-40 The building inspector of the Village of Depew is a public officer and, therefore, must reside within the village. The board of trustees may, however, enact a resolution to authorize the building inspector to reside anywhere in the county within which the village is wholly or partially located. PDF PDF-ICON
1995-56 Amendments to section 20 of the Town Law granting to town justices the authority to consent to the appointment and discharge of the court clerk were not intended to limit the town board to the appointment of only one clerk. PDF PDF-ICON
1995-27 The posting of the results of disciplinary matters on a department bulletin board located in an area where department personnel have access to them but the public does not are not the sort of disclosure prohibited by Civil Rights Law § 50-a. PDF PDF-ICON
1995-F6 The Commissioner of Agriculture and Markets is authorized by statute to delegate his responsibilities on the board of directors of the New York State Thoroughbred Breeding and Development Fund Corporation to a deputy commissioner. PDF PDF-ICON
1995-02 A member of a local planning board who has stated that he or she has a conflict of interests concerning a particular matter before the board must absent himself from the board during the time that the matter is before it. PDF PDF-ICON
1995-12 The positions of member of the city council and city firefighter are incompatible. PDF PDF-ICON
1995-35 A person may not serve simultaneously as a member of the board of supervisors and as the social welfare examiner of Columbia County. PDF PDF-ICON
2014
Opinion Summary Abstract Related Statuessort ascending
2014-1 The positions of village clerk/treasurer and village court clerk are incompatible. PDF PDF-ICON
1996
Opinion Summary Abstract Related Statuessort ascending
1996-24 A proposition to dissolve a village includes a plan for the disposition of village property and the payment of village liabilities. PDF PDF-ICON
1996-21 A member of the board of trustees of the Village of Marcellus may also serve as a volunteer member of the village volunteer fire department and as vice-president of the Marcellus Fire Department, Inc. The trustee should, however, recuse himself from participating in the approval of the budget for the volunteer fire department. PDF PDF-ICON
1996-47 The town board may establish an official letterhead and a policy for its use by town officials. PDF PDF-ICON
1996-03 A member of the town board may resign from the board in order to be appointed to fill a vacancy in the position of zoning enforcement officer. PDF PDF-ICON
1996-07 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 hears grievances on behalf of the village and the town. PDF PDF-ICON
1996-33 A person may serve simultaneously as chief of police for one town and as a member of another town's board of assessment review. PDF PDF-ICON
1996-38 Deeds making reference to a tax map are acceptable for recording with the county clerk's office. However, such a method for describing property is subject to inaccuracies and, therefore, is not a preferred method. PDF PDF-ICON
1996-30 The definition of a mobile home park in a town local law establishing site plan regulations is not preempted by section 233 of the Real Property Law. While section 233 is preemptive, it covers landlord/tenant relationships in mobile home parks. PDF PDF-ICON
1996-F6 The board of directors of a Soil and Water Conservation District may apply the provisions of section 18 of the Public Officers Law to directors, officers and employees of the district and thereby provide for their defense and indemnification for any acts or omissions committed within the scope of their duties. Alternatively, the county, for whose benefit a Soil and Water Conservation District is formed, may provide for the defense and indemnification of district directors, officers and employees. PDF PDF-ICON
1996-26 The resignation of the town supervisor became effective once a copy was delivered to the office of the town clerk. PDF PDF-ICON
1996-36 Section 18 of the Public Officers Law does not provide authority for representation of a town judge by the town attorney in a grievance proceeding before the Commission on Judicial Conduct. PDF PDF-ICON
1996-F9 Members of Regional Emergency Medical Services Councils and Regional Emergency Medical Advisory Committees are eligible to receive defense and indemnification under section 17 of the Public Officers Law. PDF PDF-ICON
1996-01 A village volunteer fire/rescue department is required to honor nonhospital orders not to resuscitate issued pursuant to Public Health Law § 2977. Members of the department may disregard such orders only in the circumstances described in Public Health Law § 2977(10). The statute does not require emergency service providers to maintain files of such orders or to review such orders before responding to calls for emergency assistance. PDF PDF-ICON
1996-F10 The utilization of the reverse sale law enforcement technique for combatting illegal controlled substance activity is not in contravention of section 3304 of the Public Health Law. PDF PDF-ICON
1996-34 A vacancy in the office of mayor of the City of Watervliet occurring on August 1, 1996 must be filled for the balance of the unexpired term by the voters at the November 1996 election. Therefore, the person appointed to fill temporarily the vacancy may serve only through December 31, 1996. PDF PDF-ICON
1996-18 A local law curtailing the power of appointment of the mayor is subject to a mandatory referendum. PDF PDF-ICON
1996-41 A county is authorized to establish a Food Service Employee Certification Program for employees of establishments where food is handled, such as restaurants, convenience stores and grocery stores. The Program would not be preempted by State law. PDF PDF-ICON
1996-44 The City of Olean may enter into inter-municipal agreements with other similar cities for the reciprocal recognition of certifications of employing or master plumbers provided that examinations and qualifications have been standardized to meet the needs of the participating cities. A city may not waive the requirement that an employing or master plumber be certified even where the applicant wishes to undertake no more than one job in the city in any calendar year. PDF PDF-ICON
1996-F3 The Governor is authorized to designate the Housing Trust Fund Corporation to administer the Federal Home Investments Partnership Program without legislative approval. PDF PDF-ICON
1996-F2 The Department of Environmental Conservation may not issue four temporary revocable permits to authorize installation of electrical cable and other equipment on the beds and shorelines of Raquette Lake and Big Moose Lake. PDF PDF-ICON
1996-F8 The Workers' Compensation Board may undertake to educate and inform the public about Workers' Compensation Law reform proposals. PDF PDF-ICON
1996-05 The county is authorized to consider enacting a local law to require that municipal police departments within the county report bias-related incidents to the county's commissioner of the Department of Public Safety. PDF PDF-ICON
1996-F1 A proposed real estate sales program called the "Good as Gold" promotion would violate the antigambling provisions of New York State law. PDF PDF-ICON
1996-14 Upon establishment of the office of third town justice in the Town of Orangetown, the first occupant of the position is chosen by the electorate at a general town election. PDF PDF-ICON
1996-F7 Though the State Racing and Wagering Board may prescribe the post-surcharge breakage on winnings paid out by off-track pari-mutuel betting corporations, such a determination constitutes rulemaking that must be done in accordance with Article IV, § 8 of the State Constitution and the State Administrative Procedure Act. PDF PDF-ICON
1996-04 A town is authorized to establish a separate department to deal with a flood emergency and may appoint the person serving as town supervisor to the separate office of flood disaster administrator. PDF PDF-ICON
1996-37 A village by resolution or by local law may dedicate a parcel of land as park land. Once dedicated for park purposes, land may not be used for other purposes without the express authorization of the State Legislature. PDF PDF-ICON
1996-13 The Lewis County Community Services Board may provide a fixed term of office for the director of mental hygiene. PDF PDF-ICON
1996-10 Litigation by a member of a county board of supervisors against a county official who is eligible to receive defense and indemnification by the county does not disqualify the board member from acting on any financial or appropriation matter. When there is any doubt as to whether the board member can act impartially, he or she should recuse himself or herself or bring the issue before the county board of ethics for an advisory opinion. PDF PDF-ICON
1996-F11 Real estate brokers are not engaged in the unauthorized practice of law if they prepare purchase-and-sale contracts that expressly state the documents are subject to review by the parties' attorneys, or if they use forms approved by the appropriate organizations and do not insert any material requiring legal expertise. This limited privilege must be narrowly circumscribed. PDF PDF-ICON
1996-39 Although a municipality may not regulate van services, it is authorized to regulate vans used as taxicabs when the taxicab services are provided wholly within its boundaries. PDF PDF-ICON
1996-25 Under section 335(3) of the Real Property Law, the town and village assessor or board of assessors in every town and village wherein any property to be abandoned is situated must approve a certificate of abandonment filed with the county clerk. Approval is an exercise of discretion as to whether the standards and conditions for abandonment under Real Property Law § 335(3) have been met. It is not a mere ministerial act. PDF PDF-ICON
1996-12 A person may not serve simultaneously on the town board and also as the deputy superintendent of highways or as a laborer in the highway department. PDF PDF-ICON
1996-19 Members of the Montgomery County Industrial Development Agency serve at the pleasure of the appointing authority. An act of the State Legislature would be required to provide a term for these positions. PDF PDF-ICON
1996-17 The town supervisor must recuse herself from taking actions regarding the town police department which affect the terms and conditions of employment of her son, a sergeant in the department. PDF PDF-ICON
1996-16 A person may serve simultaneously as the chairperson of the village zoning board of appeals and as a member of the town board. As a member of the zoning board of appeals, however, this individual may find it necessary occasionally to recuse him or herself from actions which affect the interests of town residents. PDF PDF-ICON
1996-40 The position of city commissioner of neighborhoods, housing and inspections, member of a board of commissioners of a municipality's housing authority and member of a local not-for-profit corporation that administers the municipality's United States Department of Housing and Urban Development (HUD) Section 8 programs are compatible. PDF PDF-ICON
1996-27 There is no common law or statutory prohibition on a town assessor also serving as a local political party chairperson. The municipality should, however, review its local code of ethics to determine whether there are any applicable standards. PDF PDF-ICON
1996-20 The mayor of a village may serve also as the chairperson of a town zoning board of appeals, but must recuse himself or herself from acting on the zoning board of appeals with respect to matters that affect the interests of the village or village residents. PDF PDF-ICON
1996-09 In the absence of a legislative modification of its district plan, a business improvement district may not use funds for any purpose other than those set forth in the district plan. PDF PDF-ICON
1996-32 A joint fire district is a public entity which can provide for the defense and indemnification of its officers and employees in accordance with section 18 of the Public Officers Law. Since a joint fire district is formed for the benefit of property included within the district and not the municipalities, there is no authority under section 18 for provision of defense and indemnification by the municipalities. PDF PDF-ICON
1996-22 A town law imposing charges on property owners for false emergency alarms is neither inconsistent with nor preempted by State law. PDF PDF-ICON
1996-F12 After the declaration of a State disaster emergency, the Governor, acting through the Disaster Preparedness Commission, may create a temporary disaster relief organization under Executive Law § 21(3)(f). Such an organization has the authority to assume control over local disaster relief efforts, and may exercise command over any local resources and emergency service organizations available under the local disaster preparedness plan. This authority extends to local paid and volunteer fire companies. PDF PDF-ICON
1996-48 The village must, pursuant to the Uniform Fire Prevention and Building Code, establish fire lanes so that emergency services vehicles and personnel have access to buildings within the village and to permit enforcement of code provisions. PDF PDF-ICON
1996-45 A municipality is not authorized to condition the issuance of permits or licenses affecting real property upon the payment of delinquent real property taxes. PDF PDF-ICON
1996-42 Section 677(3)(b) of the County Law governs the availability of autopsy reports subject to any Federal requirements that apply because of the ongoing Federal investigation. PDF PDF-ICON
1996-23 The board of trustees of a village is required to submit a proposition for the dissolution of a village to a referendum in accordance with the requirements of the petition that is filed by the electors of the village. PDF PDF-ICON
1996-46 Subdivision regulations enacted by the Village of Hastings-on-Hudson apply to subdivision and sale by the Hastings-on-Hudson School District of undeveloped property that lies entirely within the village and is not needed for school district purposes. PDF PDF-ICON
1996-29 There is no prohibition on a person serving as the president of a school board and as the deputy supervisor of a town. PDF PDF-ICON
1996-F5 Members of architectural and engineering professional associations who have served as auditors for New York City under its "professional certification option" are entitled to defense and indemnification by the State when they testify at the request of the Education Department at certain hearings to determine charges of professional misconduct against engineers and architects. PDF PDF-ICON
1996-02 A person may not simultaneously serve as the corporation counsel of the City of Troy and as a member of the board of education of the Troy City School District. PDF PDF-ICON
1996-08 Social Services Law § 66 gives the county legislature the authority to appoint department of social services attorneys who will assist the county attorney in undertaking certain social service responsibilities under the Family Court Act. These attorneys are not separately appointed by the county attorney and need not take an oath of office. PDF PDF-ICON
1996-31 The district attorney is not required to prosecute violations of village local laws. PDF PDF-ICON
1996-43 The positions of assistant district attorney and member of a panel of three special counsels (to substitute for the town attorney, planning board attorney, or zoning board attorney in the event any are not available to serve due to conflicts of interests or other disqualifications) are compatible. PDF PDF-ICON
1996-28 The positions of Rensselaer County Attorney and counsel to the Troy Industrial Development Authority are compatible. PDF PDF-ICON
1996-35 The security guard act does not preclude the Nassau County Civil Service Commission from considering a job applicant's criminal history. That consideration, however, must be in accord with the requirements of Correction Law Article 23-A. PDF PDF-ICON
1996-F4 The 1993 amendments to the Real Property Law imposing a twenty year limit on priority of liens for credit line mortgages are not applicable to reverse mortgages. PDF PDF-ICON
1996-49 The town is not authorized to adopt a law requiring the addition of specific language to any deed to be recorded in the Washington County Clerk's Office. PDF PDF-ICON
1996-15 The authorization for municipalities to contract for dog control services with an incorporated dog protective association means an association formed under the Not-For-Profit Corporation Law. PDF PDF-ICON
1996-06 A member of the town board should recuse herself from deliberations and voting regarding possible legal action by the town board against the board of assessment review, of which her husband serves as chairperson. PDF PDF-ICON
1996-11 A local government's zoning regulations, dealing with accessory apartments in single family residences, which distinguish between apartments that are occupied by relatives of the homeowner and those that are not, are improper. Zoning deals basically with land use rather than the person who owns or occupies the land. PDF PDF-ICON
1998
Opinion Summary Abstract Related Statuessort ascending
1998-33 The Chief, Deputy Chief and Assistant Chief of a Village Fire Department may not hold the office of Mayor or Trustee of the Village. PDF PDF-ICON
1998-36 A referendum on whether to abolish a village police department is permissive, and can be called for or authorized only after enactment of a local law by the board of trustees to abolish the police department. If a referendum is held and the voters approve the proposition to abolish the police department, the abolition will become effective under the terms of the local law. If the proposition is defeated, the police department will be retained. If the permissive referendum is not called for or authorized, the local law will take effect without voter approval and the police department will be abolished. PDF PDF-ICON
1998-17 A person may hold simultaneously the positions of clerk treasurer in one village and member of the board of trustees of another village. PDF PDF-ICON
1998-52 Property located within the boundaries of the Village of Attica may not be excluded from the boundaries of the Village as long as it is benefited by fire protection services. PDF PDF-ICON
1998-F10 Under the Supremacy Clause of the Constitution, section 318(11)(e) of the Vehicle and Traffic Law is superseded by Chapter 13 of the bankruptcy laws. Civil penalties owed to the Department of Motor Vehicles under article 6 of the Vehicle and Traffic Law are Dischargeable in a Chapter 13 bankruptcy where the debtor completes payments under a Chapter 13 plan. PDF PDF-ICON
1998-28 The provisions of Vehicle and Traffic Law § 1660-a do not extend to mobile home parks; therefore, the Town of Lockport may not erect stop signs within the Leisure Acres Mobile Home Park pursuant to its provisions. PDF PDF-ICON
1998-46 The town board of each town proposing to consolidate must act to submit a proposition to consolidate to the electors of the town. There is no authority for a petition by the electors to submit a proposition for consolidation to the electors of the town for approval. PDF PDF-ICON
1998-25 The provisions of the Vehicle and Traffic Law do not give a town authority to enact a local law establishing a fifteen mile per hour speed limit within a mobile home park. However, if the private roads within the mobile home park are open to public motor vehicle traffic, the town may establish and enforce a speed limit of not less than twenty-five miles per hour within the mobile home park. PDF PDF-ICON
1998-24 A recently elected town supervisor may continue to serve as mayor of a village in the town until the commencement of the town’s budgetary process. PDF PDF-ICON
1998-42 While the Town Board, in appointing a Deputy Supervisor in 1992, in part did not follow the provisions of section 42 of the Town Law which calls for the establishment of the office by the Town Board and the appointment of a Deputy by the Supervisor, it seems clear that the intent of the Board was to establish the office. PDF PDF-ICON
1998-15 The Town of Brookhaven may not amend its zoning law to require transportation of residents of Planned Retirement Communities to off-site shopping and/or medical facilities and may not condition site plane approval upon the provision of such transportation. PDF PDF-ICON
1998-11 A conflict of interests results if the town highway superintendent in his official or private capacity operates heavy equipment on behalf of a water district in the town to repair water pipes located under a road. PDF PDF-ICON
1998-02 A proposal to dissolve a village government does not fall within the narrow exception to the one-person, one-vote principle. The provisions of the village charter that require property ownership as a qualification to vote upon the proposal to dissolve the village, therefore, may not be applied. PDF PDF-ICON
1998-20 The procedure for making the transition from three to one elected assessors is set forth in section 329 of the Real Property Tax Law. PDF PDF-ICON
1998-F1 The State of New York may not impose its requirement of financial disclosure on federal officials serving as members or directors of New York State public benefit corporations in their federal capacities to monitor federal funds, even though these officials have been deemed “policy makers”. PDF PDF-ICON
1998-F5 If a member of the Long Island Rail Road Commuter's Council (LIRRCC) is absent without good cause from three consecutive regular meetings, his/her position on the LIRRCC may be deemed vacant by the Governor. Any resulting vacancy shall be filled by appointment of the Governor upon the recommendation of the county executive, pursuant to the provisions of Public Authorities Law § 1266-d(2). PDF PDF-ICON
1998-F4 Because Social Services Law § 367-a(3) does not authorize Medicaid payment of Medicare Part B premiums for anyone whose current income equals or exceeds one hundred twenty percent of the poverty line, amendments to that section are necessary to comply with the Balanced Budget Act of 1997. PDF PDF-ICON
1998-F6 A person may serve as justice of the Supreme Court if he or she meets constitutional or statutory qualifications within 30 days of commencement of the term of office and timely files his or her oath of office. PDF PDF-ICON
1998-18 A person who resides in the county in which a village is wholly or partially located may be made eligible to be appointed to the position of acting village justice. A village justice need not be an attorney, but is required to undergo the course of training required by the Legislature. A village justice may serve as his/her own clerk, but not as clerk for other justices. PDF PDF-ICON
1998-F3 The procedures set forth in Civil Service Law § 20(2) apply to modifications of the rules of the New York City Personnel Director made pursuant to local law mandate. Under the terms of the statute, such modifications may not become effective without compliance with the notice and hearing requirements and approval by the State Civil Service Commission. PDF PDF-ICON
1998-21 The Ithaca common council is without authority to change the terms of members of the Ithaca Urban Renewal Agency as established by special act of the State Legislature. PDF PDF-ICON
1998-07 A village in Westchester County may amend the provisions of the Unconsolidated Laws governing discipline of police officers to transfer the responsibility for making disciplinary determinations from the board of trustees to some other officer. The local law is subject to a mandatory referendum. PDF PDF-ICON
1998-13 A municipality in the service area of the Long Island Lighting Company (LILCO) or the Long Island Power Authority (LIPA) may not condemn the transmission and distribution system, facilities and other assets of LILCO and/or LIPA and use them to operate a municipal utility. PDF PDF-ICON
1998-03 A local government is not authorized to enact local legislation requiring written disclosure of political contributions by vendors and private businesses that enter contracts to perform county work. This subject has been preempted by the provisions of the Election Law. PDF PDF-ICON
1998-27 The Nassau County Correctional Center may use inmate labor to clean, remove and paint over graffiti on public property, but may not use inmate labor to clean, remove and paint over graffiti on private property. PDF PDF-ICON
1998-23 The positions of town attorney and director of the local development corporation are compatible. The office of town board member also is compatible with the director position. PDF PDF-ICON
1998-37 A local government may not modify the procedure for enactment of local laws by requiring that local laws be enacted by a super-majority vote. PDF PDF-ICON
1998-05 The provision of the charter of the City of Auburn authorizing a referendum on the exercise of any power delegated by charter or State law is invalid in that the referendum has not been established by State law. PDF PDF-ICON
1998-32 A local law authorizing the Town Board to appoint a Deputy Collector of Taxes upon the failure of the Collector of Taxes to make the appointment is subject to mandatory referendum. PDF PDF-ICON
1998-08 A village board may delegate to a single board member responsibility to manage a sewage treatment study on behalf of the board and compensate the trustee for the additional responsibilities. PDF PDF-ICON
1998-35 A village may enact a local law providing for demolition and clean up of unsafe buildings and, in the event the owner fails to reimburse village costs, also providing for sale of the property in order to effectuate its lien. PDF PDF-ICON
1998-04 Section 18 of the Public Officers Law is not the exclusive scheme for defense and indemnification by a local government. A local government may provide for defense and indemnification by local law. PDF PDF-ICON
1998-41 Discussion of procedure for transition under revised provisions of the Village Law regarding designation as chair and membership on the zoning board of appeals and the planning board. PDF PDF-ICON
1998-19 A county may enact a local law to effectuate a transition from a fifteen-member community services board to a board with another number of members. PDF PDF-ICON
1998-47 A sewage-works corporation organized under the New York Transportation Corporations Law may not reorganize as a limited liability company. PDF PDF-ICON
1998-F7 Investigation and enforcement of compliance with the New York prevailing wage law is not preempted by the Employee Retirement Income Security Act. PDF PDF-ICON
1998-48 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 authority of the attorney-in-fact dependent upon the use of a particular form of signature upon a deed. PDF PDF-ICON
1998-54 A joint Village and Town Planning Board, formed to consider land use applications relating to property on the border between municipalities, may employ weighted voting designed to give a majority of votes to the municipality in which the property lies. PDF PDF-ICON
1998-53 Mutual aid must be carried out consistent with the provisions of the General Municipal Law. PDF PDF-ICON
1998-45 The positions of member of The Fulton County Economic Development Agency, an industrial development agency, and Director of the Fulton County Planning Board are compatible. Taking into consideration the broad duties of the Fulton County Planning Board Director in economic development and land use planning; section 856(4) of the General Municipal Law; and the enabling legislation for IDA's requiring that in undertaking projects they adhere to local zoning and consider comprehensive land use plans, we see no conflict between the duties of these two offices. PDF PDF-ICON
1998-16 The provision of the Niagara County IDA's contract with its executive director, which states that the director is to receive an additional salary equal to 1.5% of the agency fees collected on IDA projects, violates General Municipal Law § 858-a(1). The second provision, which grants an additional “minimum” payment if the first provision is found to violate State law, also appears to violate section 858-a(1). PDF PDF-ICON
1998-26 If the Mayor and Trustee have divided interests which could affect their ability to act impartially, or create an appearance of impropriety, they should not participate in the deliberations and voting regarding whether to sell Village properties to the Joint Fire District. PDF PDF-ICON
1998-51 Employees of the Suffolk County Water Authority should not accept off-duty employment to install private service lines for homeowners where those service lines have to be approved by the Authority prior to connection with Authority mains. PDF PDF-ICON
1998-56 Because the grazing of animals on the parcel of property necessarily affects property located in both the Town of Clinton and the Town of Stanford, the property owner must comply with the land use regulations of both Towns. PDF PDF-ICON
1998-09 There is no provision in State law which provides a remedy to the Love Canal Area Revitalization Agency in the event there is a deadlock in filling a vacancy on the board. The Agency may act even with the vacancy provided the quorum and majority requirements of section 41 of the General Construction Law have been met. PDF PDF-ICON
1998-55 The County Transportation Program Administrator may also serve on the City of Poughkeepsie Planning Board. PDF PDF-ICON
1998-F2 Physicians who perform services for the Division of State Police pursuant to Executive Law § 215 are not eligible for defense and indemnification under the provisions of Public Officers Law § 17. There currently is no statutory provision comparable to Public Health Law § 14 that would bring these physicians within the coverage of section 17. PDF PDF-ICON
1998-F9 A cemetery corporation may sell cemetery plots, for the purpose of resale, to a membership or religious corporation or unincorporated association or society which provides burial benefits for its members. PDF PDF-ICON
1998-01 The State Education Department retains authority to administer and enforce the Uniform Fire Prevention and Building Code with respect to construction of a school building that will be owned by a private developer and leased to the school district. The facility will be built on land leased from the city by the school district, as authorized by L 1996 ch 562. Chapter 562 specifically provides that the review and approval procedures of the Education Law shall apply to the projects it authorizes. PDF PDF-ICON
1998-10 The Education Law does not limit the number of terms that may be served by trustees of school district libraries. PDF PDF-ICON
1998-40 Newburgh city marshals are authorized to execute all of the processes and mandates of the Newburgh City Court within Orange County; however, the Court may at times require that a police officer serve a particular criminal process. Newburgh city marshals may not carry pistols within the City of New York unless they have obtained a special permit from the police commissioner in accordance with Penal Law § 400.00(b). PDF PDF-ICON
1998-29 Allegany County, after establishing an E911 system, may not turn over to the Village of Wellsville Police Department the dispatch of emergency services for the Village of Wellsville, the Towns of Wellsville, Willing, Scio and Alma, and the Hamlets of Allentown and Petrolia. PDF PDF-ICON
1998-14 A county attorney, with the proper grant of authority, may prosecute violators of Putnam County's mechanical trade laws, provided that the district attorney has set up a system whereby he or she knows of all criminal prosecutions in the county and consents to appearances on his or her behalf by the county attorney. PDF PDF-ICON
1998-30 A conflict of interests arises when a member of the County Board of Supervisors, acting in his private capacity, installs septic systems for private individuals and the systems are subject to review by county employees. PDF PDF-ICON
1998-06 A member of the county legislature may also serve as a deputy supervisor of a town within the county. PDF PDF-ICON
1998-38 The positions of county legislator and mayor of a city are compatible. PDF PDF-ICON
1998-50 A person convicted of arson in any degree is, by statute, ineligible to become a member of a volunteer fire company. However, the issuance to that person of an unrestricted certificate of relief from disabilities prevents automatic statutory disqualification. The certificate does not, however, prevent the fire company or fire district commissioners from exercising discretion to deny membership based upon the facts and circumstances surrounding the arson conviction. A person convicted of arson in any degree is, by statute, ineligible to hold the office of fire district commissioner. A certificate of relief from disabilities does not apply to a public office, such as fire district commissioner. PDF PDF-ICON
1998-43 A local law enacted by a city to change the form of administration of the Civil Service Law from a city personnel officer to the county civil service commission is not subject to a mandatory referendum. PDF PDF-ICON
1998-31 The Board of a Municipal Housing Authority may not pay one of its members to conduct a hearing pursuant to Civil Service Law § 75 if the payment, when added to other compensation, exceeds the statutory compensation limit. PDF PDF-ICON
1998-F8 Analysis of whether persons convicted of State felonies or misdemeanor crimes of domestic violence may be appointed as peace officers or whether their convictions preclude such appointments because they are prohibited from possessing firearms under the federal Gun Control Act and/or State law. PDF PDF-ICON
1998-F11 An employee of the Consumer Protection Board when serving as the Board's representative on the Advisory Board to the Targeted Accessibility Fund is an employee in the service of the State who is covered by the provisions of Public Officers Law § 17. In virtually all cases, a suit against the Consumer Protection Board for monetary damages must be brought against the State in the New York State Court of Claims where the Office of the Attorney General defends the State and an appropriation is available to pay any judgment or settlement. PDF PDF-ICON
1998-57 As police officers who commonly provide general law enforcement, sheriffs and deputy sheriffs are subject to section 17-110 of the Election Law. PDF PDF-ICON
1998-49 Under the terms of the Agriculture and Markets Law, affirmative action by the county legislative body is required to terminate an agricultural district. PDF PDF-ICON
1998-12 A paid fire fighter of a fire department providing service by contract to a fire district may not also serve as a commissioner of that district. PDF PDF-ICON
1998-22 The positions of county manager and county treasurer are incompatible. PDF PDF-ICON
1998-34 The mayor of a village, who is employed full time as a technical sheriff in the county sheriff’s department, has a conflict of interests in negotiating or voting on a proposed contract with the county for the provision of law enforcement services by the sheriff’s department to the village. PDF PDF-ICON
1998-39 A village may permit a part-time police officer's towing business to be placed on the list from which the village police force selects companies to tow disabled or impounded vehicles, provided the village takes appropriate steps to eliminate any potential conflicts of interests. PDF PDF-ICON
1998-44 A county fire investigator should not also serve as a building inspector in the county. PDF PDF-ICON
2012
Opinion Summary Abstract Related Statuessort ascending
2012-08 A village that has a police department must have a chief of police, unless the grandfather clause applies. PDF PDF-ICON
2012-09 Transfer of a town cemetery to a village requires specific legislative approval. PDF PDF-ICON
2012-01 A town board is authorized to establish a second planning board to review and determine only site plans within a proposed planned development district. PDF PDF-ICON
2012-F2 The members of the Security Guard Advisory Council are eligible for defense and indemnification pursuant to Public Officers Law § 17. PDF PDF-ICON
2012-F1 Questions relating to circumstances under which logging on municipal parkland constitutes a non-park purpose. PDF PDF-ICON
2012-04 City charter cannot be amended locally to change the budget process as it relates to monies used by the library. Such amendments would encroach on the State's authority over education and would violate the prohibition of Municipal Home Rule Law § 11. PDF PDF-ICON
2012-05 Under state law that provides for appointment from both the majority and the minority of city council if the city council has no members who belong to the minority party, then no additional members from the majority party are to be selected to the CDA board. PDF PDF-ICON
2012-02 The city's charter, rather than General City Law § 81, governs with respect to the terms of office of zoning board of appeals members and the date on which their terms commence. PDF PDF-ICON
2012-03 The interest rate and redemption period provisions of sections 46 and 48 of the General Business Law, relating to collateral loan brokers, are preemptive. PDF PDF-ICON
2012-07 The Village's park rangers may issue uniform traffic tickets for violations of the Vehicle and Traffic Law within village parks. They may not issue tickets for violations they observe on public streets while traveling between parks. PDF PDF-ICON
2012-10 A local law that contains the complete terms of a sale of specified surplus county-owned property can be adopted by the county legislature of a charter county upon a vote of a simple majority pursuant to Municipal Home Rule Law § 20(1). PDF PDF-ICON
2012-06 The position of town historian is compatible with member of the County Legislature. PDF PDF-ICON
1999
Opinion Summary Abstract Related Statuessort ascending
1999-08 The positions of village police officer and member of the village zoning board of appeals are compatible. PDF PDF-ICON
1999-01 If a property owner places his or her mailbox in the Village's highway right of way, the Village is not liable for damage to the mailbox if such damage was caused by non-negligent Village snow removal activities. The facts will determine whether a village, as a result of snow removal activities, is liable for damage to a mailbox placed in the highway right of way. PDF PDF-ICON
1999-11 Village Law § 18-1804 provides the appropriate procedures to use for diminishing the boundaries of a village. PDF PDF-ICON
1999-31 Under the facts presented, a Village may terminate supplying water to outside residents upon reasonable notice. PDF PDF-ICON
1999-29 A Village is not authorized to enact a local law prohibiting, except in cases of emergency, the use within the Village of truck engine compression brakes. PDF PDF-ICON
1999-15 A city may not establish a fifteen-mile-per-hour speed limit on a city street that dead-ends at the edge of school district property, but does not pass a school building. However, the city may be able to warn motorists of the presence of school children by placing a “school child” warning sign on the street. PDF PDF-ICON
1999-21 A member of the Board of Trustees of the Village/Town of Mount Kisco should recuse herself in all respects from participating in a disciplinary proceeding brought by the Mount Kisco Police Department in which her son may be called as a witness. PDF PDF-ICON
1999-32 There is no authority for the residents of a village or fire district by petition to require a referendum which would determine whether the district enters into a contract authorizing the village to provide fire protection in all or part of the district. There is no authority for these residents to file a petition that would require the board of fire commissioners of the fire district to consider a contract for these services by the village. PDF PDF-ICON
1999-02 Town Law § 176-b(10) prohibits a person from becoming a member of more than one fire company, whether he or she performs firefighting or emergency and general ambulance services. A member of one company may assist another company or department in the provision of emergency and general ambulance services. PDF PDF-ICON
1999-23 An elected trustee of a village, who is also a member of the village volunteer fire department, may be appointed as a member of the board of fire commissioners of the village volunteer fire department or as the single fire commissioner in charge of the department. PDF PDF-ICON
1999-26 The positions of volunteer firefighter and counsel to a fire district are not per se incompatible. PDF PDF-ICON
1999-F1 An off track betting corporation may not conduct a harness race meeting. PDF PDF-ICON
1999-28 A fire commissioner who is serving a term which will not expire for more than a year is not eligible to be nominated for the office of fire commissioner for a five-year term and his election under such circumstances is nugatory. A candidate who received less than a majority or plurality of the vote may not be declared the winner of an election. PDF PDF-ICON
1999-37 A village justice's temporary residence outside the village does not affect his statutory eligibility to continue serving the village in this public office. PDF PDF-ICON
1999-24 Section 30(4) of the Public Housing Law permits only one municipal official to be a member of that municipality’s public housing authority. PDF PDF-ICON
1999-43 A town may regulate the excavation and reclamation of land and establish fees that are reasonably related to the cost of a regulatory program. PDF PDF-ICON
1999-18 A village may sell a municipal parking field in exchange for another parcel of real property, provided the transaction promotes the public interest. PDF PDF-ICON
1999-17 A village may not maintain private streets. The village may acquire the streets through dedication or eminent domain and, once acquired, expend public resources to maintain the streets. A village may require that privately owned streets be maintained by their owners in accordance with established standards. PDF PDF-ICON
1999-22 The Village of Atlantic Beach may not enact a local law which would permit the Village to obtain and enforce default judgments in the same manner as civil judgments against defendants for violation of Village laws if the defendants failed to answer citations within a specified time. PDF PDF-ICON
1999-13 The City of Troy should seek an amendment to section 2.10 of the Criminal Procedure Law to designate uniformed court officers of the Troy City Court as peace officers. PDF PDF-ICON
1999-04 Under the savings clause in article IX, section 3(b) of the State Constitution, section 155 of the Nassau County Charter requires a mandatory referendum for local laws that abolish, transfer or curtail any power of an elective officer. PDF PDF-ICON
1999-09 A referendum must be authorized by State law. Some county charters include referendum provisions that were authorized by State law prior to enactment of the County Charter Law. The content of a county administrative code will determine whether it should be viewed as a part of the county charter for purposes of applying provisions of the County Charter Law. PDF PDF-ICON
1999-44 A village seeking to acquire property in a town for the purposes of public utility service under article 14-A of the General Municipal Law must use the procedures set forth in the Eminent Domain Procedure Law. Section 4-412(3)(1) of the Village Law does not apply. PDF PDF-ICON
1999-F2 The Racing and Wagering Board may authorize the use and distribution of an electronic computer aide to assist in the play of bingo, provided that the game is played as described in the proposal. PDF PDF-ICON
1999-F5 A cemetery corporation's exercise of its option to provide exclusive annual care of cemetery lots does not affect existing contracts between lot owners and third-party contractors. The exercise of the option does not apply to existing lot owners and does not prohibit them from entering into third-party contracts for annual care services. The exercise of this option only applies to future purchasers of lots. PDF PDF-ICON
1999-10 A Board of Fire Commissioners of a Fire District is not authorized to impose fines on property owners for the fire department's response to false alarms. PDF PDF-ICON
1999-36 A town may enact a local law amending subdivision 11 of section 267 of the Town Law to expand the conditions under which alternate members of the zoning board of appeals may serve. PDF PDF-ICON
1999-06 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 laws are repealed. PDF PDF-ICON
1999-19 The public use requirement of Highway Law § 189, governing highways established by use, has been construed to necessitate a showing that a road was both open to use by the general public like any other highway and continuously maintained by public authorities. The width of a highway by use, established in accordance with Highway Law § 189, is determined by the extent of actual use and, therefore, may be less than three rods. PDF PDF-ICON
1999-34 A town police officer may serve as a village trustee even though the police department was created by an inter-municipal agreement that includes the town and villages. PDF PDF-ICON
1999-16 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 law. PDF PDF-ICON
1999-27 A municipality located within the Long Island Lighting Company's former service area may not establish a public utility service to provide gas or electric power without the Long Island Power Authority's agreement. PDF PDF-ICON
1999-42 A member of a board of assessment review who owns property before the board for review is obligated to recuse himself from participating in board proceedings with respect to that property to preserve the validity of action taken by the board and maintain public confidence in the integrity of government. PDF PDF-ICON
1999-14 There is no conflict of interests when a tenant who rents property from the Village Clerk-Treasurer applies for a rent subsidy through HUD, given that a county agency administers the HUD program under contract with the Village. PDF PDF-ICON
1999-33 A local government may enact a local law supplementing section 18 of the Public Officers Law in relation to defense and indemnification of officers and employees. Generally, a local government may not include in the local law defense and indemnification of independent contractors. Any local law providing for defense and indemnification must be prospective in operation. PDF PDF-ICON
1999-41 The governing body of a fire company or department may permit the commanding officer to accept the services of a volunteer firefighter who is a member of another company. PDF PDF-ICON
1999-40 The positions of town clerk and fire district commissioner are compatible. PDF PDF-ICON
1999-05 Plans and specifications for school building heating equipment and facilities are subject to review by the Department of Environmental Conservation in accordance with its jurisdiction under article 19 of the Environmental Conservation Law. Westchester County’s air quality regulations are not applicable. PDF PDF-ICON
1999-07 A person may serve as a member of the legislative body of a participating county and as a member of the board of directors of the Montgomery-Otsego-Schoharie Solid Waste Management Authority. Generally, he or she may exercise the statutory powers granted to both entities. PDF PDF-ICON
1999-12 The operative date of Local Law No. 4 of 1997 of the City of Middletown is valid and the Mayor, Alderman-at-Large and Aldermen took office on January 1, 1998 in accordance with the provisions of the Local Law. PDF PDF-ICON
1999-25 A municipality may prohibit its employees from carrying firearms while on duty. PDF PDF-ICON
1999-03 A trustee of the Board of Education of the Hastings-on-Hudson Union Free School District vacated her office by operation of law upon her plea of guilty to the crime of petit larceny. PDF PDF-ICON
1999-35 The positions of county legislator and policeman of a city located within the county are compatible. A policeman may be a member of a county legislative caucus or a county political committee. A policeman may make political donations, but may not solicit, collect or receive political donations. PDF PDF-ICON
1999-F3 A transaction in which a municipality would apply for a loan from the emergency services revolving loan account as a "surrogate" for a private fire company or ambulance service is not authorized under State Finance Law § 97-pp. PDF PDF-ICON
1999-F4 Members of the New York State Deferred Compensation Board are in the service of the State in managing the deferred compensation plan on behalf of State employees and, therefore, are "employees" entitled to defense and indemnification under Public Officers Law § 17. PDF PDF-ICON
1999-20 A school district is not subject to the provisions of a local noise ordinance that require application for a building permit to carry on construction after 5:30 p.m. and on weekends. PDF PDF-ICON
1999-30 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. PDF PDF-ICON
1999-38 The Schuyler County Legislature may not appoint one of its members to the County Planning Commission. PDF PDF-ICON
1999-39 The supervisor of a town may not also serve as the town librarian. PDF PDF-ICON
2006
Opinion Summary Abstract Related Statuessort ascending
2006-05 The positions of deputy town clerk and village trustee are compatible. PDF PDF-ICON
2006-06 Cities and villages are authorized by VTL § 1640(a)(22) to set aside on-street parking for users of a government facility only on those parking areas closest to the facility. PDF PDF-ICON
2006-07 Court enforcement officers appointed pursuant to Town Law § 20 who serve process and execute mandates of the town court in civil matters are public officers who must be residents of the town in which they serve. PDF PDF-ICON
2006-F5 Compensated guardians ad litem serving in the New York City Civil Court's guardian ad litem program are not eligible for State-provided defense and indemnification. PDF PDF-ICON
2006-F3 Unpaid guardians ad litem serving in the New York City Civil Court's guardian ad litem program are eligible for State-provided defense and indemnification. PDF PDF-ICON
2006-03 The positions of deputy supervisor and confidential secretary to the supervisor are incompatible. PDF PDF-ICON
2006-F4 The Public Authorities Accountability Act of 2005 permits an exchange of easements without public bidding to facilitate relocation of a gas pipeline in connection with a thruway reconstruction project. PDF PDF-ICON
2006-04 County emergency personnel may enter onto private property without the consent of the landowner where such entrance is reasonably necessary to that personnel's public duties in response to an emergency. PDF PDF-ICON
2006-02 Enactment of "teen party host" local law is not preempted by state law. PDF PDF-ICON
2006-11 General Municipal Law article 5-G, not Municipal Home Rule Law § 10, authorizes the consolidation of the police services of two towns in contiguous counties. PDF PDF-ICON
2006-09 A county that fulfills its responsibility under County Law article 18-B with a public defender may rely upon the public defender to represent indigent allegedly incapacitated persons. PDF PDF-ICON
2006-08 The town is not authorized to regulate speed on the portion of a highway built pursuant to special legislation that goes through the town. PDF PDF-ICON
2006-10 Paid firefighters are members of the fire district fire department eligible to cast ballots at the annual meeting to nominate a volunteer fire chief. PDF PDF-ICON
2006-F2 Fees imposed for the payment of insurance premiums by credit card are prohibited by General Business Law § 518. PDF PDF-ICON
2006-01 Article 2 of the Village Law does not authorize absentee voting in an election to determine the question of incorporation. PDF PDF-ICON
2006-F1 The exemption in Banking Law § 374(3)applicable to banks that were in the business of electronic check-cashing machines on the subdivision's effective date should be interpreted as exempting only electronic check-cashing facilities operated by such banks. PDF PDF-ICON
1997
Opinion Summary Abstract Related Statuessort ascending
1997-02 Under Village Law § 9-912, upon the filing of a petition with the required number of signatures to change the name of the village which specifically requests that the proposition be submitted to the electors at a time other than the date of the regular or special village election, the referendum on the proposition must be held no less than 30 nor more than 60 days after the filing of the petition. PDF PDF-ICON
1997-27 Vehicle and Traffic Law § 415 does not authorize the use of dealer number plates on vehicles used to transport customers or pick up supplies, as such use does not constitute the “sale or demonstration” of the vehicle or fall within other permitted uses under the statute. PDF PDF-ICON
1997-33 Cities and villages are authorized under section 1640(a) of the Vehicle and Traffic Law to set aside parking spaces on public highways for use by employees of the municipality, other governmental purposes and for persons doing business in municipal offices. PDF PDF-ICON
1997-14 The village court clerk may not also serve as a probation officer. PDF PDF-ICON
1997-53 The positions of town comptroller and village treasurer are compatible. Recusal may be required under some circumstances. PDF PDF-ICON
1997-51 A town local law establishing attendance requirements for members of the zoning board of appeals and planning board is authorized by the provisions of the Town Law. Removal is subject to procedural due process requirements. PDF PDF-ICON
1997-04 The positions of fire chief and house maintainer of a fire district are incompatible. PDF PDF-ICON
1997-45 The board of fire commissioners may provide the details for preparation of paper ballots, including the procedure for allowance of space for write-ins. PDF PDF-ICON
1997-44 A person may not hold both the positions of master mechanic of the fire district and fire district commissioner. PDF PDF-ICON
1997-23 A town board may adopt a resolution not less than one hundred fifty days prior to the biennial town election abolishing the office of tax collector, effective at the expiration of the incumbent's term. PDF PDF-ICON
1997-09 One person may simultaneously hold the positions of deputy town clerk/receiver of taxes and assessor. PDF PDF-ICON
1997-21 A person may not serve simultaneously as the assistant chief of the fire department of a fire district and as a member of the board of fire commissioners. PDF PDF-ICON
1997-24 Section 18 of the Public Officers Law does not by its terms authorize the defense of a municipal officer or employee in a proceeding before the New York State Division of Human Rights. A municipality may, however, by local law provide on a prospective basis for the reimbursement of defense costs in such a proceeding provided that the employee was acting within the scope of his or her duties and is acquitted of the charges of discrimination. PDF PDF-ICON
1997-19 A person may not hold simultaneously the positions of town assessor and mayor of a village in the town. The individual may be a candidate for the office of mayor but must vacate the office of assessor upon election and qualification as mayor. PDF PDF-ICON
1997-15 The county clerk must accept for recording any instrument that is properly acknowledged and executed. Real Property Law § 258, by its own terms, sets forth acceptable short forms and allows for the use of other forms of instruments. It contains no language requiring that certain information be presented in an instrument before it is filed, nor does it authorize the clerk to reject documents that do not contain specific information or display the information in a particular form. PDF PDF-ICON
1997-42 There is no requirement or authority for a referendum on the conveyance by a town improvement district of an easement in real property. PDF PDF-ICON
1997-48 The clerk of a town justice court is not a public officer and, therefore, is not required to be a citizen of the United States. PDF PDF-ICON
1997-06 The board of fire commissioners of a fire district may require that persons employed by the paid fire department of the district reside within the State of New York. PDF PDF-ICON
1997-32 Board members named in a lawsuit may participate in the village and library boards' deliberations, regarding the village's and library's liability as named entities in the lawsuit, and may be present when the boards convene in executive session to receive the advice of counsel. PDF PDF-ICON
1997-F9 There is no authorization for the Department of Transportation to reimburse an employee for legal fees incurred in a hearing before the Department of Motor Vehicles to determine the right of the employee to retain his driver’s license. PDF PDF-ICON
1997-F4 With limited exceptions, New York law does not recognize or give effect to licenses to carry firearms issued by the State of Georgia or any other state. PDF PDF-ICON
1997-39 Chapter 14 of the Laws of 1997 establishes a complete ban on combative sport and creates criminal penalties for violations. Clearly, under the statute's provisions and legislative history combative sport is contrary to the public policy of the State. Chapter 14, therefore, is a criminal statute which under Federal authority may be enforced on Indian reservations. PDF PDF-ICON
1997-20 Section 501 of the County Law does not authorize the county attorney to represent a county official as a plaintiff in a defamation of character action. PDF PDF-ICON
1997-40 Defense and indemnification of a municipal employee, whether sued in an individual or official capacity, may be provided upon a proper finding that the employee acted within the scope of his or her employment or duties. PDF PDF-ICON
1997-F12 Without legislative authorization, the Governor may designate the Urban Development Corporation, doing business as the Empire State Development Corporation, to administer the Small Cities component of the federal Community Development Block Grant Program. PDF PDF-ICON
1997-55 A county may obtain a copyright under federal law in order to prevent unauthorized use of its publications. PDF PDF-ICON
1997-03 A county local law regulating nuisances does not preempt the enactment of a nuisance abatement law by a town within the county, provided that the function has not been transferred by the town to the county level under the provisions of a county charter. PDF PDF-ICON
1997-25 There is no statutory authority for a village to remove itself from a school district. PDF PDF-ICON
1997-11 A town by local law may broaden the required residency for the town attorney to the county in which the town is located. PDF PDF-ICON
1997-29 The town may not enact a local law superseding Town Law § 130(17)(1)(a) to regulate the size and horsepower of motor boats permitted upon Chenango Lake. It may regulate the speed of vessels and regulate and restrict the operation of vessels upon any waters within or bounding the town. PDF PDF-ICON
1997-13 A city may enter into a municipal cooperation agreement with a town for the provision of police services by the city on city school district property located in the town. PDF PDF-ICON
1997-47 A village may install video surveillance cameras at several locations to monitor the public streets and sidewalks. PDF PDF-ICON
1997-F6 The Legislature has withdrawn localities' authority to use zoning to regulate some defined types of human services. State and local regulation of other types may coexist. Federal law, including the Fair Housing Amendments Act of 1988, the Americans With Disabilities Act and the Rehabilitation Act must be considered in evaluating local zoning laws. PDF PDF-ICON
1997-16 The enactment of a local law by a county to modify the terms of its legislators is not a restructuring of the legislative body within the meaning of Municipal Home Rule Law § 10(1)(ii)(a)(13)(f), in the instance where such action is taken separate and apart from apportionment of the legislative body, and not in connection thereto. PDF PDF-ICON
1997-07 Section 1506(b) of the Not-For-Profit Corporation Law requires on a State-wide basis that the legislative body of a city or village consent to the proposed location of a cemetery within these municipalities. Additionally, in Suffolk County a cemetery may not be located in an area of a town outside of an incorporated village without the consent of the town board. PDF PDF-ICON
1997-49 The establishment of qualifications to hold line offices in a fire department of a fire district are established solely by the board of fire commissioners of the fire district. PDF PDF-ICON
1997-18 A town board may amend or supersede section 150(2) of the Town Law to establish a board of police commissioners consisting of five members. PDF PDF-ICON
1997-34 A town is not authorized to amend or supersede a provision of the Uniform Justice Court Act providing for distribution of fines collected by the town justice court. PDF PDF-ICON
1997-46 The positions of town supervisor and director of the County Veterans Agency are compatible and, therefore, may be held by the same person. PDF PDF-ICON
1997-08 A village officer or employee with authority to enforce parking regulations may issue a ticket to a vehicle with an expired inspection sticker but may not do so where the registration has expired. A violation of the registration requirements of the Vehicle and Traffic Law does not occur until the vehicle is being operated upon the public highways of the State without a valid registration. PDF PDF-ICON
1997-17 A nursing home policy that requires incoming residents to execute a durable or springing power of attorney naming the nursing home administrator as agent for the management of social security and retirement benefits is inconsistent with Federal and State law. A grant of any form of power of attorney to a nursing home administrator, for the benefit of the nursing home, is inconsistent with the purpose of a power of attorney to establish a fiduciary relationship for the benefit of the resident. PDF PDF-ICON
1997-31 The enactment of a resolution appointing members of an IDA, subject to approval of the chief executive officer, is consistent with provisions of State law. PDF PDF-ICON
1997-05 A member of a city council must avoid circumstances which compromise his or her ability to make decisions solely in the public interest. Therefore, if the interests of his or her employer are affected by matters before the council, recusal is the appropriate course of action. PDF PDF-ICON
1997-37 A municipality may utilize its police power to license tow truck operators, establish a rotational list, summon operators to the scenes of accidents and prohibit cruising for towing work. PDF PDF-ICON
1997-41 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 implied authority to employ legal services regarding the matter. PDF PDF-ICON
1997-F11 The New York State Independent Living Council is subject to the appointment provisions of the Public Officers Law and the quorum requirements of General Construction Law § 41. Council members are independent contractors who are not entitled to defense and indemnification under the provisions of Public Officers Law § 17. PDF PDF-ICON
1997-10 Land acquired by a city, dedicated for park purposes and improved and utilized for park purposes, is impressed with a public trust and may not be used for other than park purposes without the express approval of the State Legislature. PDF PDF-ICON
1997-F2 The Insurance Department has construed correctly the relevant provisions of law, consistent with principles of statutory construction, to achieve the legislative intent underlying Chapter 784 of the Laws of 1988. The primary legislative purposes are to provide insurance policyholders who rent vehicles with insurance coverage for damage to their rental vehicles and to prohibit rental vehicle companies from holding renters liable, beyond $100, for damage to rental vehicles. PDF PDF-ICON
1997-30 Members of the Sewanhaka Central High School District Board of Education, who also are members of the board of a constituent district that seeks to purchase unused property from the central high school district, may vote when the central high school district board considers the terms and conditions of the proposed sale. PDF PDF-ICON
1997-F1 The health care professionals listed in section 14 of the Public Health Law providing consultation to the Department of Health concerning the appropriateness of treatment plans for Medicaid patients are entitled to defense and indemnification by the State on the terms and conditions of Public Officers Law § 17. PDF PDF-ICON
1997-26 The Legislature has authorized agreements between school districts and governing bodies of local fire departments and other emergency service providers that include provisions relating to the costs of alarm interconnections, including costs associated with false alarms. Therefore, a village by contract may provide for the expense of false alarms. PDF PDF-ICON
1997-F10 A district superintendent of a supervisory school district is entitled to the protections of Public Officers Law § 17 in connection with lawsuits that arise out of the performance of the superintendent's State functions. PDF PDF-ICON
1997-36 A town clerk may be appointed tax collector for the school district. PDF PDF-ICON
1997-01 A school district officer may resign to a district meeting of residents or by filing a written resignation with the district superintendent of his supervisory district who must endorse his approval and file the resignation with the district clerk. Alternatively, the officer may resign under Public Officers Law § 31. PDF PDF-ICON
1997-28 The county clerk may not accept for filing subdivision maps that are certified by a professional engineer rather than by a licensed land surveyor as required by Real Property Law § 334. PDF PDF-ICON
1997-F8 There is no authorization for the State to defend and indemnify the Hunter College Foundation and its employees. PDF PDF-ICON
1997-F3 The physicians and other health care personnel volunteering at the request of the State University of New York Health Science Center at Syracuse in the clinical program at Binghamton are entitled to defense and indemnification by the State on the terms and conditions of Public Officers Law § 17 in any civil action or proceeding arising out of any alleged act or omission which occurs or is alleged in the complaint to occur when they perform the volunteer services. PDF PDF-ICON
1997-50 Assuming appropriate legislative findings have been made establishing a legitimate governmental interest, a proposed amendment to the Niagara County Code of Ethics, which would prohibit any person appointed to a county office by the Legislature and/or the chairman of the Legislature from holding an executive office in a political party organization, is authorized and lawful. PDF PDF-ICON
1997-43 In the absence of a State statute authorizing the establishment of administrative tribunals for the adjudication of violations of the county's electrical code, adjudication and sentencing must be conducted consistent with the provisions of existing State statutes, including the Criminal Procedure Law and the Penal Law. PDF PDF-ICON
1997-F5 For purposes of General Municipal Law § 209-q, the only detective or rackets investigators included as police officers are those employed in counties located in cities with a population greater than one million. PDF PDF-ICON
1997-F7 A public officer's conviction for off-duty behavior constituting the crime of attempted grand larceny in the fourth degree results in the removal of the officer by operation of law. PDF PDF-ICON
1997-52 The district attorney has wide discretion as to whether to prosecute violations of village local laws. He may perform that prosecutorial function or, in his discretion, delegate that responsibility to the municipal attorney or to other village officials. PDF PDF-ICON
1997-22 The positions of county legislator and member of a town planning board of a town in the county are compatible. PDF PDF-ICON
1997-12 Non-charter county by local law may supersede the publication requirements of section 214 of the County Law. PDF PDF-ICON
1997-54 A county may obtain a copyright under federal law in order to prevent unauthorized use of its publications. PDF PDF-ICON
1997-35 A deputy building inspector may perform inspections on the building inspector's home and issue any necessary permits. PDF PDF-ICON
1997-38 A conflict of interests does not result from the village attorney’s private practice before the town planning board, of which the mayor is a member. PDF PDF-ICON
2000
Opinion Summary Abstract Related Statuessort ascending
2000-12 Colleges and universities are not "schools" within the purview of Vehicle and Traffic Law § 1620. Accordingly, a 15- mile-per-hour school speed limit may not be established on that portion of a state highway running adjacent to Hobart & William Smith Colleges in the City of Geneva. PDF PDF-ICON
2000-01 New York State law enforcement officials may make arrests without warrants for criminal violations of the federal Immigration and Nationality Act. However, mere status as an alien, or even as an illegal alien, may only be a civil violation of the Act and thus would not be a sufficient basis for an arrest. PDF PDF-ICON
2000-20 The specific duties of the positions of Fire Marshal and Fire Chief in the Village of Southampton make these positions incompatible so that the same person may not simultaneously serve in both positions. PDF PDF-ICON
2000-07 Defense and indemnification of local employees pursuant to section 18 of the Public Officers Law may be adopted by a local legislative body by either resolution or local law. PDF PDF-ICON
2000-F1 Participants in the Volunteer Lawyers Project of the Housing Court are employees within the meaning of Public Officers Law § 17 therefore are eligible to receive defense and indemnification by the State, subject to the procedural terms and conditions of the statute. PDF PDF-ICON
2000-16 A county may not implement a snowmobile permit system which involves charging fees for the use of snowmobiles on public highways and lands. PDF PDF-ICON
2000-03 A municipality may engage in limited and selected cutting of timber on park land to preserve the land and to enhance its use by the public. Proceeds of the harvesting of timber should be used for park improvement purposes. PDF PDF-ICON
2000-F3 Projects for the construction, renovation or repair of a building for a charter school generally will be subject to sections 220, et seq., of the Labor Law. PDF PDF-ICON
2000-18 A county may, pursuant to the Municipal Home Rule Law, enact a local law requiring, as a condition of a claim against the county, that prior written notice of defects in, or snow and ice on highways, bridges and sidewalks be given to the county by providing notice to the clerk of the county board of supervisors. The local law need not be identical to that authorized under section 139(2) of the Highway Law. PDF PDF-ICON
2000-15 Nassau County may enact a local law amending its County Charter to grant zoning powers to the Village of Atlantic Beach. The local law would be a transfer of functions and therefore subject to the referendum requirements of the Constitution. PDF PDF-ICON
2000-05 A town may enact a local law providing a broader residency requirement for the positions of superintendent of highways and deputy superintendent of highways. PDF PDF-ICON
2000-06 Under section 24-a of the Town Law a town may, by resolution subject to mandatory referendum, increase the term of town supervisor from two to four years even where the supervisor serves as a member of the county board of supervisors. PDF PDF-ICON
2000-04 A board of fire commissioners may require that prospective volunteer members of a fire company have high school degrees or equivalency certificates. As an alternative, the board may consider requiring volunteers to undergo the state's certified training currently required only for paid firefighters. PDF PDF-ICON
2000-22 In applying standards governing conflicts of interest, pending litigation against a municipal board or board members does not as a matter of law require that board members recuse themselves in a separate application by the party that commenced the lawsuit. In particular cases, however, recusal will be appropriate. Local facts and circumstances must be reviewed to determine whether board members can act impartially as to the separate application. PDF PDF-ICON
2000-02 A local legislative body has statutory authority to prohibit a legislator from disclosing matters discussed in executive session. PDF PDF-ICON
2000-11 An independent contractor who defends the town in real property tax certiorari proceedings should not serve as deputy supervisor. PDF PDF-ICON
2000-19 The terms of elected village officers are extended in order to effect a change in the date of the village election. PDF PDF-ICON
2000-F5 Although voter approval is required to abolish a public library under Education Law §268, a public library may be abolished or dissolved under sections 219 and 220 without voter approval. Furthermore, all the property of a public library may be transferred to a free association library under section 266 without voter approval. PDF PDF-ICON
2000-14 The positions of town assessor and school board member are compatible. PDF PDF-ICON
2000-08 All documents conveying an interest in real property, including those recorded by a corporation, must be acknowledged under section 309-a of the Real Property Law. With respect to documents required to be filed that are not conveyances of an interest in real property, such documents filed by corporations must be acknowledged under section 309 of the Real Property Law, and such documents filed by persons and entities other than corporations must be acknowledged under section 309-a of the Real Property Law. Documents conveying interests in real property located in the State that are acknowledged outside the State may be acknowledged either under section 309-b of the Real Property Law or using the form of acknowledgment for the jurisdiction where the document is acknowledged. PDF PDF-ICON
2000-F2 The provisions of the Environmental Conservation Law, relating to enforcement of offenses under the Fish and Wildlife Law, govern the seizure of firearms used in the commission of environmental offenses defined by that Law. PDF PDF-ICON
2000-F4 Vehicles owned by CUNY and operated by special patrolmen on its Security and Public Safety force are "police vehicles" as defined in Vehicle and Traffic Law § 132-a. Therefore, these vehicles may display red or white flashing lights while engaged in emergency operations on CUNY property. PDF PDF-ICON
2000-21 A village may use boat parking meters to collect fees for use of village-owned docks. A village may not create a traffic violations bureau to handle parking tickets issued with respect to use of its docks. PDF PDF-ICON
2000-13 The position of district attorney is incompatible with membership on a BOCES and school board within the jurisdiction of the district attorney. PDF PDF-ICON
2000-10 County social services department attorneys appointed by the county social services commissioner may represent their department in litigation if the county legislative body has authorized their appointment to conduct such litigation, even if they have not been deputized to do so by the county attorney. PDF PDF-ICON
2000-09 Under the circumstances presented, an assistant county attorney may also serve as mayor of a city located within the county. PDF PDF-ICON
2000-F6 A proceeding by the New York State Banking Department pursuant to Banking Law § 595 to suspend or revoke a license of a mortgage banker or to suspend or delete the name of a mortgage broker from the mortgage broker roll on the grounds of fraudulent consumer practices or failure to maintain adequate capital, whether commenced prior or subsequent to the mortgage banker's or mortgage broker's filing for bankruptcy under the Federal Bankruptcy Code, would fall within the police or regulatory power exception to the automatic stay in 11 U.S.C. § 362(b)(4) and thus would not be stayed by a bankruptcy filing. So long as there is sufficient evidence that NYSBD's action was not taken solely because of the bankruptcy filing itself, a proceeding on these grounds would not be prohibited by 11 U.S.C. § 525. PDF PDF-ICON
2000-17 A town may not contract with an individual for dog control services. A town may appoint a dog control officer or enter into a contract with another municipality, an incorporated humane society or incorporated dog protection association for dog control services. PDF PDF-ICON
2005
Opinion Summary Abstract Related Statuessort ascending
2005-15 The delegation in VTL § 1640(a)(22) provides authority for cities and villages to enact regulations setting aside on-street parking for use by employees of an adjacent government facility belonging to another governmental entity, as long as such restrictions are reasonable and rationally related to a legitimate public purpose. PDF PDF-ICON
2005-03 Local governments with authority to regulate parking may permit parking closer to intersections than otherwise permitted under Vehicle and Traffic Law §§ 1202(a)(2)(b), (c). PDF PDF-ICON
2005-20 The positions of fire district assistant fire chief and fire district firehouse maintainer are incompatible. PDF PDF-ICON
2005-17 Where the secretary to the Zoning Board of Appeals (ZBA) is appointed by the ZBA, a member of the ZBA may not simultaneously serve as secretary to the ZBA. PDF PDF-ICON
2005-09 Local law abolishing village police department was subject to mandatory referendum, pursuant to special legislation not repealed by enactment of Village Law § 8-800. PDF PDF-ICON
2005-02 County Clerk is not authorized to mark a mortgage as discharged when presented with a certificate of satisfaction signed by other than the mortgagee or last assignee of record or their personal representative, but may record such certificate. PDF PDF-ICON
2005-07 Penal Law § 400.00(14) authorizes a fee of $3.00 for each amendment to a firearms license, even if the proposed amendment will result in more than one change to the license. PDF PDF-ICON
2005-19 A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy. PDF PDF-ICON
2005-F1 A member of the Legislature may serve in the New York Guard, and receive compensation for such service, without vacating his or her legislative seat. PDF PDF-ICON
2005-13 A town may enact a juvenile curfew law pursuant to its home rule police powers if it proves that the provision bears a substantial relationship to an important governmental objective, but it may not charge parents with a violation, punishable by fine and/or imprisonment, if their minor children violate the curfew. PDF PDF-ICON
2005-05 A town supervisor may declare a state of emergency over and promulgate orders with respect to property owned by another municipality that lies within the town's boundaries, but may not direct the use of the resources of another municipality without that municipality's consent. PDF PDF-ICON
2005-21 Municipal highways may be designated for use by ATVs only when necessary to provide access to adjacent trails. Highways previously designated for use by ATVs do not qualify as "adjacent trails" for this purpose. Trails on private land that are open to the public for recreational ATV use may qualify as "adjacent trails." PDF PDF-ICON
2005-06 Village constables may not operate vehicles with sirens or red and white flashing lights. PDF PDF-ICON
2005-18 A town may supersede Town Law § 268 to adopt a local law eliminating the possibility of incarceration upon conviction of a local zoning code violation. PDF PDF-ICON
2005-16 A member of a board of education in a city of less than 125,000 inhabitants is not prohibited by Education Law § 2502(7) from also serving as city supervisor. PDF PDF-ICON
2005-04 A county board of supervisors may not enact a local law creating for the position of county manager a term of office that is longer than that of a majority of the supervisors. PDF PDF-ICON
2005-08 An elected county official with statutory authority to appoint deputies may be subject to applicable local rules governing official appointments. The County Board of Supervisors may challenge the conduct of another elected county official through specified judicial proceedings. PDF PDF-ICON
2005-F2 Agreements between state agencies and Cornell University to procure academic services from the statutory or contract colleges administered by Cornell should be regarded as contracts between a state party and a non-state party. PDF PDF-ICON
2005-10 Donations given to a city alderman to pay the legal expenses he incurred by bringing a legal proceeding in his individual capacity against another city official are 'gifts' subject to the restrictions of General Municipal Law § 805-a. Pursuant to General Municipal Law § 812, failure to disclose information regarding gifts of $1000 or more would subject the alderman to civil or criminal penalties. PDF PDF-ICON
2005-01 Under the Village Law, a village trustee may not direct the village clerk to take, publish, and make available to the public minutes of the meetings of the board of trustees. PDF PDF-ICON
2005-14 A violation of Alcoholic Beverage Control Law § 65-c constitutes a criminal offense subject to prosecution by the district attorney, or someone acting with the proper authorization of the district attorney. PDF PDF-ICON
2005-12 The attorney for a town may represent the town in civil proceedings brought pursuant to Agriculture and Markets Law ' 121, but may prosecute criminal violations of dog control laws only if duly authorized by the district attorney. The town may seek the court=s leave to intervene in a special proceeding brought pursuant to Agriculture and Markets Law ' 121. Restitution and reparations to the victim of a dog attack may be ordered. PDF PDF-ICON
2005-11 Where the Town of Huntington owns underwater lands based upon colonial patents, it may require its consent to the use of these underwater lands for dock construction and the anchoring and mooring of vessels, even where such activities are subject to a village=s regulatory control. PDF PDF-ICON
2003
Opinion Summary Abstract Related Statuessort ascending
2003-F2 Rear-facing blue lights may not, under the current legislative scheme, be added to State Police vehicles. PDF PDF-ICON
2003-F1 Where a patient is incapacitated and did not consent to the entry of a do-not-resuscitate order prior to becoming incapacitated, a physician must obtain the consent of the patient=s surrogate or health care agent before entering a do-not-resuscitate order, even if the physician concludes that administration of cardiopulmonary resuscitation would be Amedically futile.@ Only where no health care agent was appointed and no competent surrogate is reasonably available and willing to make a decision may the physician enter a do-not-resuscitate order based on medical futility without obtaining consent, and then only with the concurrence of another physician that resuscitative efforts would be medically futile or by obtaining a court order. To dispute the decision of the health care agent or surrogate, the physician must proceed to mediation and, if the dispute remains unresolved, commence a court action. PDF PDF-ICON
2003-16 A town may not reimburse the costs incurred by the town supervisor who pled guilty to criminal charges pending against him. The town may not reimburse the legal costs incurred by town employees called to assist in the investigation and prosecution against the town supervisor. PDF PDF-ICON
2003-18 Absent authorization by state statute, a town may not create an administrative tribunal or a hearing officer position to assist in the adjudication of building code violations. PDF PDF-ICON
2003-13 A town may allow the consumption of alcohol on town property, and may implement a permit system to regulate such consumption. PDF PDF-ICON
2003-14 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 purposes for at least 40 years and all rental income derived from the leased non residential portion of the property will be used to subsidize the residential rents. PDF PDF-ICON
2003-04 The State has preempted the area of provision of probation services. A county may not enact local legislation permitting fees for probation services except as specifically authorized by statute. PDF PDF-ICON
2003-09 A Village law providing for the removal and impoundment of motor vehicles that remain parked for more than 24-hours in violation of a local parking limitation does not conflict with the Vehicle and Traffic Law and may be enforced, as long as the Village does not treat such vehicles as "abandoned" within the meaning of Vehicle and Traffic Law § 1224 and assuming local conditions warrant the prompt removal of such vehicles and the local law otherwise complies with due process requisites. PDF PDF-ICON
2003-05 Members of county water and sewer district boards may not be paid a flat meeting fee of $50 in lieu of reimbursement for expenses actually and necessarily incurred. The positions of town supervisor and county improvement district administrator are compatible; the town supervisor cannot be paid for serving as county improvement district administrator. Employees of the town improvement districts may serve in the same ministerial capacity for the county improvement districts. The county board of supervisors retains significant control over improvement districts after their formation. PDF PDF-ICON
2003-10 A village may not prohibit OTB simulcast or non simulcast branch offices in all zoning districts, nor may it prospectively prohibit simulcast theaters in all districts. It may withhold its consent to establish a particular simulcast theater. The applicability of valid village land use regulations, other than those specifically provided for by statute, to a proposed OTB facility would be governed by the balancing test set forth in Matter of County of Monroe, 72 N.Y.2d 338 (1988) PDF PDF-ICON
2003-07 Voluntary attendance at the funerals of retired military personnel or veterans by an employee of a school district who is a non active military reservist does not constitute "ordered military duty" within the meaning of Military Law § 242 or the performance of "military duty" within the meaning of section 243. PDF PDF-ICON
2003-F3 The decision of the United States Supreme Court in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), does not preclude the New York State Department of Labor from enforcing State wage payment laws on behalf of undocumented immigrants. PDF PDF-ICON
2003-06 One person may simultaneously hold the elected office of superintendent of highways of a town and the appointed position of member of the board of managers of a public hospital, jointly owned by such town and another town. PDF PDF-ICON
2003-02 The proper method of transferring control and supervision of a village road to the county within which the village is located is by adding the village road to the county road system map pursuant to Highway Law § 115. Upon such transfer, the county is responsible for maintaining the road. PDF PDF-ICON
2003-12 Absent contract or federal mandate to provide fire protection services to the Fire Island National Seashore, a fire district has no legal obligation to provide such services to the Seashore. PDF PDF-ICON
2003-08 A part time assistant town attorney whose work is limited to matters relating to the town plumber's examining board may represent private clients before other town agencies so long as compensation is fixed according to the reasonable value of the services rendered, rather than contingent upon any agency action on the matter before it, and so long as the individual facts of any such representation do not create an appearance of impropriety or violate common law conflict of interest standards. PDF PDF-ICON
2003-03 Under General Municipal Law § 239-c(2)(c), a county planning board member must recuse him- or herself from voting on any matter that was the subject of a vote, proposal or application before any body in the municipality where the individual serves as an official. In determining whether to appoint an individual to the county planning board, the county legislative body may consider the frequency of recusals required by an individual who serves as an official in a town and two villages located within the county. However, if the individual is so appointed, the individual does not need to recuse him- or herself from matters referred back to the town planning board, on which the individual serves, after being reviewed by the county planning board. PDF PDF-ICON
2003-11 Eligibility of off-duty police officers injured while working security for city-owned recreation center for General Municipal Law § 207-c benefits. PDF PDF-ICON
2003-15 Installation of a speed bump on a town highway is not prohibited by State law, but is regulated as a highway design feature. PDF PDF-ICON
2003-01 A village police chief who is not certified as a police officer by the Municipal Police Training Council may not lawfully carry a firearm without a license. The police chief may, however, wear a uniform and badge that properly identify him as police chief. PDF PDF-ICON
2003-F4 Section 192-g of the Agriculture and Markets Law does not prohibit the transporting of gasoline containing MTBE from a point outside New York, through the State, to a point outside it. PDF PDF-ICON
2003-17 If the government chooses not to commence forfeiture proceedings to obtain title to goods seized as evidence in a criminal investigation and the goods are not contraband per se, the government may either return the property to the person from whom it was seized or hold the property indefinitely as custodian for the true owner. If the government wishes to return the property but cannot locate the owner, the government may acquire title to the property through compliance with the lost property statutes or ask the State Comptroller to assume custody of the property. PDF PDF-ICON
2009
Opinion Summary Abstract Related Statuessort ascending
2009-01 In light of unsettled case law, a municipality should seek legislative approval before constructing a library in parkland. The municipality may hold a permissive referendum on the issuance of bonds to finance the construction of the library if the bonds have a maturity of more than five years. PDF PDF-ICON
2009-F1 The members of the Nassau County Rent Guidelines Board are eligible for State-provided defense and indemnification pursuant to Public Officers Law § 17. PDF PDF-ICON
2009-03 The statutory minimum salary for the Cayuga County district attorney is the salary established for county court judge by Judiciary Law ' 221-d even when the judge is serving as acting supreme court justice. PDF PDF-ICON
2009-02 A vacancy in the position of city court judge that is filled by appointment by the mayor with the advice and consent of the city council does not constitute appointment by the council within the meaning of General City Law § 3. PDF PDF-ICON
2002
Opinion Summary Abstract Related Statuessort ascending
2002-11 One person may simultaneously hold the elected offices of commissioner of a water district and commissioner of a fire district, but must recuse himself or herself from participating in any matters relating to a contract between the districts for installation and maintenance of fire hydrants, sale of water, and testing of backflow devices. If these or other matters involving the two districts lead to frequent or substantial conflicts, recusal would not be an appropriate remedy, and the individual may not hold both positions. PDF PDF-ICON
2002-03 The Town of Riverhead may abolish the position of receiver of taxes using the provisions set forth in Town Law § 36(1). PDF PDF-ICON
2002-02 A town may regulate the use of old mobile homes as fixed-based storage facilities pursuant to section 130(16) of the Town Law, but it may not enact a local law that uniformly prohibits such structures without satisfying the statute's procedural safeguards regarding removal and repair of unsafe buildings and structures. PDF PDF-ICON
2002-F4 Public Officers Law sections 17 and 19 do not authorize reimbursement to an employee for legal fees incurred by hiring a private attorney to respond to a complaint filed with the Disciplinary Committee of the New York Supreme Court, Appellate Division, First Department. PDF PDF-ICON
2002-F1 Charging dual rates will not jeopardize the not-for-profit status of childcare centers located at New York State facilities under the New York Not-For-Profit Corporation Law. Our conclusion is limited to the application of the New York Not-For-Profit Corporation Law. This opinion does not address the possible ramifications of charging dual rates under other laws or regulations. PDF PDF-ICON
2002-01 A county may authorize the use of all-terrain vehicles on County-owned reforested lands held for public use and may authorize construction of a trail system on such lands, provided that such use is consistent with forest and wildlife conservation and watershed protection, but may not grant a private organization of all-terrain vehicle owners exclusive use of the trail system. PDF PDF-ICON
2002-17 A town may contribute funds to a project to reconstruct a privately-owned dam if the town credibly finds that protection of the public health would be served. PDF PDF-ICON
2002-04 A governmental subdivision may not, consistent with the "gift or loan" prohibition (N.Y. Const., Art. VIII, § 1), reimburse an individual member of a legislative body for litigation expenses incurred in an unsuccessful lawsuit initiated by that member under the Open Meetings Law, when commencement of such a suit is not part of the member's official duties. PDF PDF-ICON
2002-06 A judge of a city court is required to be a resident of the city in which he or she is elected or appointed. PDF PDF-ICON
2002-F2 A sitting judge on the Court of Claims may not also serve on the New York State Commission on Uniform State Laws under New York Constitution Article VI § 20(b). PDF PDF-ICON
2002-15 Proposed local legislation that would institute a complete ban on the distribution of free promotional samples of tobacco products to any person within a county, is expressly preempted by section 1399-bb of the Public Health Law, which governs the distribution of tobacco products without charge. PDF PDF-ICON
2002-21 The positions of county treasurer and sole appointed town assessor are incompatible. The positions of county treasurer and school board member are compatible. PDF PDF-ICON
2002-12 A county may obtain criminal history records from the Division of Criminal Justice Services for prospective employees of a county-owned nursing home pursuant to agreement with the Division and local law. Additionally, if authorized by contract and local law, a county may either obtain the criminal history records of individuals who seek to provide personal care services through the county Department of Health or require agencies that contract with the county to provide personal care services to obtain the criminal history records of prospective employees. A county may not require privately-owned nursing homes located in the county to fingerprint and/or obtain criminal background checks of prospective employees. PDF PDF-ICON
2002-13 A village may enact a local helmet law that conflicts with a county law. In the absence of a conflicting village law, the county law would govern. PDF PDF-ICON
2002-09 A member of a village Board of Trustees must avoid circumstances which compromise his or her ability to make decisions solely in the public interest. Therefore, if a member of a village's Board of Trustees, who owns property within the Business Improvement District of the village, has a substantial, direct personal interest in the outcome of the Board of Trustees' vote on the Business Improvement District=s annual budget, recusal from participating in the Board of Trustees' deliberations and voting on the Business Improvement District's annual budget is the appropriate course of action. PDF PDF-ICON
2002-14 The Cadyville Fire District has responsibility for providing fire protection to territory annexed to the Town of Plattsburgh and previously included within the Town of Saranac. Neither annexation of the territory nor, under the facts presented, an earlier judicial decision defining the towns' common boundary, affected the boundaries of the Cadyville Fire District. PDF PDF-ICON
2002-10 A city need not include plumbing regulations in the city code to satisfy the requirement of State law that it enact or adopt a code of rules regulating the work of plumbing and drainage in that city. A building inspector may conduct plumbing inspections if the plumbing inspector is unavailable provided that the building inspector meets the qualifications for and has been properly appointed as a plumbing inspector. PDF PDF-ICON
2002-07 The position of Senior Typist in the City Building Department is incompatible with membership on the City Zoning Board of Appeals where the Typist's supervisor's duties are subject to review by the Zoning Board of Appeals. PDF PDF-ICON
2002-05 Taxicab operators may charge different fares at different times of day so long as those fares and the conditions under which they apply are conspicuously posted. PDF PDF-ICON
2002-19 A village may regain conduct of its elections by repealing by resolution the resolution transferring conduct of the elections to the county board of elections. Repeal of the resolution by resolution is not subject to mandatory or permissive referendum. PDF PDF-ICON
2002-F3 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 previously-established business. PDF PDF-ICON
2002-16 The positions of confidential assistant (secretary) to the town supervisor and member of the town planning board are compatible. PDF PDF-ICON
2002-18 The filing of a petition on the issue whether to establish a ward system for the election of council members in the Town of North Hempstead is sufficient, assuming the petition is otherwise proper, to require the Town Board to submit the proposition to the voters under Town Law § 81. PDF PDF-ICON
2002-20 A subpoena issued by the Grievance Committee and signed by the Clerk of the Appellate Division does not supplant the requirement of a court order set forth in Domestic Relations Law section 235. PDF PDF-ICON
2002-08 A member of the Village of East Hampton's Design Review Board who is a professional architect need not resign from his position on the Board if the architectural firm in which he is a partner infrequently accepts projects over which the Board has jurisdiction. On the occasions when his firm is involved in a project requiring review by the Board, he should recuse himself from review of the project. PDF PDF-ICON
2013
Opinion Summary Abstract Related Statuessort ascending
2013-1 A town council member may not also serve as financial operations manager. PDF PDF-ICON
2013-4 A vacancy created by not placing the position of town justice on the ballot cannot be filled by town board appointment. It can be filled before the November 2013 general election only by special election if the Governor chooses to call for one. The term of the justice will commence January 1, 2014 in either case. PDF PDF-ICON
2013-F1 A member of the staff of the BOCES district superintendent who is serving as integrity officer under the supervision of State Education Department is eligible for state-provided defense and indemnification. PDF PDF-ICON
2013-2 The positions of town board member and building administrator for the local housing authority are incompatible. PDF PDF-ICON
2013-3 A village school crossing guard may control traffic at an intersection within the village that does not abut school property, if exercise of such traffic control is to aid in protecting school children going to and from school. PDF PDF-ICON
2008
Opinion Summary Abstract Related Statuessort ascending
2008-01 Pursuant to Town Law § 176(3), two fire commissioners then in office may appoint qualified persons to fill three vacancies on the board. PDF PDF-ICON
2008-12 Discussing the validity of an appointment to the Board of Assessment Review. PDF PDF-ICON
2008-03 The Suffolk Regional OTB Corporation may not provide health benefits to its directors. The directors may not receive health benefits from the county nor may they participate in the New York State Health Insurance Plan at their own expense. PDF PDF-ICON
2008-06 Public Officers Law § 73-b prevents the county sheriff from appearing in public service announcements paid for with money from the county=s handicapped parking education fund, even when that fund is composed only of mandatory surcharge moneys. PDF PDF-ICON
2008-10 "Contiguous" as used in Public Officers Law § 3(2) means "sharing a border" or "touching"; police officers for the city of Syracuse may not live in Oneida County because that county is not contiguous to Onondaga County. PDF PDF-ICON
2008-04 Discussion of authority of village to adopt a local law prohibiting the delivery of unsolicited print materials to village residents. PDF PDF-ICON
2008-09 A local law that would require tow truck operators included on a municipal rotational list to tow vehicles to a tow yard within the regulating municipality's boundaries would not violate General Municipal Law § 80. PDF PDF-ICON
2008-07 A volunteer firefighter who lives on the main land but berths his boat at a marina near a fire department pursuant to a transient permit does not have a "residence" in the area of the fire department for purposes of General Municipal Law § 209-i(1-a). PDF PDF-ICON
2008-11 Alienation legislation should be sought before parkland is transferred from a county to a town. PDF PDF-ICON
2008-05 Members of the city board of ethics are city officers and thus by virtue of Education Law § 2502(7), may not simultaneously serve on the school district board of education. PDF PDF-ICON
2008-08 A town may increase the term of the town supervisor who does not serve on the county board of supervisors by local law. PDF PDF-ICON
2008-02 Establishing an additional site outside a city for the board of elections and moving certain staff and equipment does not constitute a removal pursuant to County Law § 216, but removing the public functions of the board of elections from the city office would constitute such a removal. While individual commissioners may work independently at a location outside the city, the functions of the commissioners acting as a board must remain in the city absent approval of a move at a referendum. PDF PDF-ICON
2008-F1 Thirteen voting members of the Council constitute a quorum, and at least thirteen voting members must approve a motion for it to pass. PDF PDF-ICON
2007
Opinion Summary Abstract Related Statuessort ascending
2007-04 When a town of the second class opts to change its classification to first class, the terms of the town supervisor and the town clerk will end the day before the effective date of the classification change. The term of the town highway superintendent will not be abridged by a change in classification. PDF PDF-ICON
2007-09 A city's authority to issue subpoenas for the testimony of witnesses may extend to non-city entities in the course of the city's investigation into matters of concern to the city or its inhabitants. In at least some circumstances, this authority encompasses the authority to subpoena documents. In the absence of other law providing otherwise, this authority may be exercised by the common council by a vote of a majority of the whole council, if the council has previously adopted an ordinance designating itself as the official body vested with this power. PDF PDF-ICON
2007-10 Public Officers Law § 3(9) does not pertain to the paid members of the uniformed force of the paid fire department of the City of Syracuse. They are therefore governed by Public Officers Law § 3(4). Because the charter of the City of Syracuse requires that city employees live within the city, pursuant to Public Officers Law § 3(4), persons employed in the city's paid fire department must reside within Onondaga County. PDF PDF-ICON
2007-F2 Real property transactions expressly authorized by Canal Law §§ 53 and 54 are not subject to the public bidding and fair market value requirements of the Public Authorities Accountability Act of 2005, to the extent such requirements conflict with the provisions of those statutes. Leases and sales by the Thruway Authority and Canal Corporation to municipalities for public parks, recreation or public access to the canal system, or for necessary municipal infrastructure projects are likely to be exempt from the public bidding and fair market value requirements. Real property disposals to adjacent landowners are not exempt from the public bidding requirement, unless a statutory exception applies. PDF PDF-ICON
2007-F4 LIPA employees may receive "bonuses" as part of an incentive compensation plan. Whether financial sponsorships of programs under the auspices of local organizations and charitable contributions are legal depends on the purpose for which the sponsorships or contributions are made. PDF PDF-ICON
2007-03 A town may not issue a fireworks display permit to a wedding party for a fireworks display to be held as a part of a private wedding celebration. A town may not require that an applicant for a fireworks display permit also obtain a noise permit. PDF PDF-ICON
2007-01 A village may limit the number of terms the members of the planning board and the zoning board of appeals may serve. PDF PDF-ICON
2007-07 A county is authorized to adopt an amendment to its code of ethics prohibiting its officers from simultaneously serving as county political party officers. Such amendment may be applied to county commissioners of election. PDF PDF-ICON
2007-F3 When requested by the Crime Victims Board in relation to an investigation into a claim for award, local law enforcement agencies may provide the Board with police reports, even when the reported crime involves a sex offense or an offense involving the alleged transmission of HIV. PDF PDF-ICON
2007-06 The city cannot abolish the state-created Elmira Water Board or provide that the Water Board commissioners be appointed by city officials. Under the provisions of the City Charter, the City Chamberlain does not have authority to determine the amount of Water Board surplus funds, and the City lacks authority to amend the Charter to give the City Chamberlain such power. PDF PDF-ICON
2007-02 Education Law § 1950(9) precludes a BOCES member from accepting occasional employment as a per diem substitute in a school district that is part of the supervisory district in which the BOCES serves. PDF PDF-ICON
2007-08 A peace officer who becomes aware of an outstanding arrest warrant through the performance of his special duties may physically detain the subject of the warrant pending arrival of a police officer to make the arrest if the subject of the warrant tries to leave. A peace officer may make a warrantless arrest based upon knowledge of an outstanding arrest warrant for a qualifying offense when the peace officer learns of the outstanding warrant through the performance of his special duties. PDF PDF-ICON
2007-05 A county may adopt a local law requiring a super-majority to pass certain types of resolutions. Such a local law would be subject to mandatory referendum. PDF PDF-ICON
2007-F1 Public authorities, whose board members pursuant to statute serve without salary or other compensation, may not pay for health insurance for current or retired board members. PDF PDF-ICON
2004
Opinion Summary Abstract Related Statuessort ascending
2004-06 Because the statutory scheme governing joint fire districts gives the town and village boards substantial power to affect the existence and structure of a joint fire district, the positions of village mayor and fire commissioner of a joint fire district established by that village are incompatible. PDF PDF-ICON
2004-12 Following adoption of the ward system of election, council members in the Town of Brookhaven are subject to the two-year term of office provided for in Town Law § 85. Applicability of a previously-enacted local term limits law to the two-year terms depends on the intent of the town board in enacting that local law. PDF PDF-ICON
2004-F4 A statutory pay raise due the Supreme Court Justices became effective on the first day of the payroll nearest the statute's effective date (i.e. January 7, 1998), not on effective date of statute. PDF PDF-ICON
2004-F3 The bar associations through which the New York State Attorney Client Fee Dispute Resolution Program is implemented, and the individuals who administer the program, are not eligible for defense and indemnification under Public Officers Law § 17. The individual arbitrators and mediators, however, are. PDF PDF-ICON
2004-02 A municipality may not lawfully display knives designated as illegal to possess under Penal Law § 265.01(1), unless they are disabled in such a manner as to bring them outside the scope of the applicable Penal Law definitions. PDF PDF-ICON
2004-13 The office of the State Comptroller is authorized under state law to access tax information, in the course of an audit, that is otherwise secret. PDF PDF-ICON
2004-10 A village may enact a local law excluding from village highways trucks weighing less than the maximum weight limits permitted under state law, but it may enforce such a local law and impose fines for violations thereof only with respect to conduct that does not also violate the state weight limits. A village may not enact a local law requiring the maintenance of safety equipment on commercial vehicles. PDF PDF-ICON
2004-07 A vacancy in the office of city council following a tie-vote at the general election is a vacancy created by expiration of term and, where the city has not provided for the filling of such vacancies, it may be filled by special election proclaimed by the Governor under Public Officers Law § 42(3). PDF PDF-ICON
2004-03 The county treasurer should search as far back as practical to ascertain the existence of unpaid taxes and tax liens prior to issuing the tax payment certificate pursuant to Real Property Law § 334. A county may not adopt a local law requiring that the tax payment certificate be provided by an abstract and title company or a local law permitting the county treasurer to charge a fee for providing this certificate. PDF PDF-ICON
2004-04 Town Law § 267-a(4) permits a town to pass local laws or ordinances enabling its zoning board of appeals to hear non-appellate matters, but does not authorize a town to restrict the appellate jurisdiction of its zoning board of appeals. PDF PDF-ICON
2004-05 A town may regulate the water activities enumerated in the Town Law and Navigation Law in waters within an incorporated village but more than 1500 feet from a village=s shore. A village may consent to the town regulation of these activities in waters closer than 1500. Regulation of other water activities by a town in Suffolk County pursuant to its general police powers is not effective in waters within the geographic boundaries of a village. PDF PDF-ICON
2004-09 A proposed amendment to the Binghamton City Charter, which would require the City Council to give every person who wished to speak at a Council meeting at least five minutes to do so before consideration of the legislative agenda, would be subject to the mandatory referendum requirement of section 23 of the Municipal Home Rule Law. PDF PDF-ICON
2004-F6 Staff of the Interest on Lawyer Account Fund ("IOLA") are eligible for state defense and indemnification under Public Officers Law § 17. State budget appropriations will cover indemnification costs to the same extent as other covered employees. PDF PDF-ICON
2004-F7 The municipality in which the property is located is the proper "permit authority" to issue a permit under Penal Law § 405.00 for a public fireworks display on land administered by the Hudson River-Black River regulating district under its Access Permit Program. PDF PDF-ICON
2004-F2 SUNY hospital residents and interns, as mandatory members of a public retirement system or program, have a statutory right to retirement participation as of the date they commenced state service. PDF PDF-ICON
2004-11 Pursuant to Civil Rights Law § 79, veterans may protect the confidentiality of their honorable discharge certificates filed with a county clerk by directing that the record be sealed. Once sealed, the certificate is exempt from public inspection, except by the veteran, or a duly authorized agent or representative of the veteran or the veteran's estate. PDF PDF-ICON
2004-14 A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A village may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law. PDF PDF-ICON
2004-01 The language of the New York State Domestic Relations Law indicates that the Legislature did not intend to authorize same-sex marriages. PDF PDF-ICON
2004-F5 The licensing scheme contained in Article 9-A of the Banking Law applies to all persons and entities that engage in the business of cashing checks, regardless of whether the checks are payable to natural persons or commercial entities. PDF PDF-ICON
2004-F1 When a vote in a town on the question of whether to allow a particular type of retail sale of alcoholic beverages results in an equal number of affirmative and negative votes, the proposal passes. PDF PDF-ICON
2004-08 Although a village board is not authorized to enter a professional employment contract for a governmental service that extends beyond the life of the board, a contract that extends beyond that term, if otherwise valid, would remain in effect until disaffirmed by a successor board. PDF PDF-ICON
2001
Opinion Summary Abstract Related Statuessort ascending
2001-02 County Clerks have no obligation to record Mortgage Electronic Recording Systems (MERS) as the mortgagee of record where MERS is not the actual mortgagee. Doing so (1) violates the terms of N.Y. Real Property Law § 316, and (2) tends to frustrate the legislative intent of the Real Property Law's recording provisions. PDF PDF-ICON
2001-01 There is a substantial possibility that a municipality lacks the authority to pass a local law prohibiting a driver from holding and using a hand-held mobile phone while operating a motor vehicle on roads within the County. PDF PDF-ICON
2001-06 The General Construction Law governs the provisions of the Oneonta City Charter regarding quorum and voting requirements. Non-voting absent council members are not considered as having cast votes against a provision so as to create a tie vote that would permit the mayor to break the tie. PDF PDF-ICON
2001-F2 The provisions of the Tax Law extended by Laws 2001, ch. 118, part NN, pertaining to the Quick Draw Lottery, remain in effect through midnight, October 15, 2001, at which time (and not before) they expire and are repealed. PDF PDF-ICON
2001-F1 When there is a pre-need agreement for the sale of funeral and burial merchandise, such as concrete grave liners, section 453 of the General Business Law prohibits constructive delivery of the merchandise upon transfer of consideration to the seller. Under section 453, the payment continues to belong to the consumer and must be held in trust and be repaid with interest on demand of the consumer any time prior to actual delivery of the merchandise upon or after the death of the person for whom it has been purchased. PDF PDF-ICON
2001-03 There is a substantial possibility that E-SIGN does not preempt Article 9 of the RPL or otherwise obligate county recording officers to accept for recordation a filing that contains only an electronic signature but lacks what you term an "original signature." PDF PDF-ICON
2001-05 One person may hold the positions of dispatcher in the County Department of Emergency Response as well as a member of the Dutchess County Fire and Safety Advisory Board. A dispatcher may also serve as a volunteer firefighter. PDF PDF-ICON
2001-04 Neither a society for the prevention of cruelty to animals nor its agents or officers is authorized to issue appearance tickets, summon, or arrest a person for violating any of the provisions of article 26 of the Agriculture and Markets Law, or to seize lost, stolen, strayed, homeless, abandoned or improperly confined animals as set forth in section 373 of the Agriculture and Markets Law, within an adjacent county that is served by its own duly incorporated society. PDF PDF-ICON
2011
Opinion Summary Abstract Related Statuessort ascending
2011-09 The directors of the Independent Livery Driver Benefit Fund are not eligible for the defense, indemnification, and immunity that may be accorded to public officers. PDF PDF-ICON
2011-01 The city of Ithaca cannot use its home rule authority to extend the residency requirement established for members of the Ithaca Housing Authority board by Public Housing Law § 429. PDF PDF-ICON
2011-03 The provisions of Public Authorities Law § 3402(2)(c) govern the number of Nassau Health Care Corporation directors needed to convene a quorum and transact business, and those numbers vary depending on the number of directors then in office and the number of directors attending a meeting at which a quorum is present. PDF PDF-ICON
2011-08 Approval and issuance of a fireworks display permit is a discretionary act. Failure to grant a permit by the time of a planned display effectively functions as a denial of an application for a permit. A town may not impose additional permitting requirements or supersede the fireworks permitting system established in the Penal Law. PDF PDF-ICON
2011-F1 Mental Hygiene Law ' 41.09(a) relates to a substantial state concern, and thus a non-charter county may not legislate inconsistently with it to provide that the county legislature appoint the community services director. PDF PDF-ICON
2011-05 Discussion of county's duty with respect to trees within highway right of way PDF PDF-ICON
2011-06 A county may by local law assign review of proposed zoning and planning actions referred by a municipal body to its planning department. PDF PDF-ICON
2011-04 The geographical area of employment of police officers of a village lying partially within two counties does not extend to all of both counties PDF PDF-ICON
2011-02 The district attorney may not appoint the non-physician emergency medical services coordinator as deputy coroner. PDF PDF-ICON
2011-07 Property purchased by the County pursuant to the Greater Catskills Flood Remediation Program was not dedicated as public parkland by virtue of the required assurance in the deed conveying the property from its owner to the County. The common law prohibition against alienating public parkland without express authority from the Legislature does not prevent the County from selling such property. PDF PDF-ICON
2010
Opinion Summary Abstract Related Statuessort ascending
2010-01 The Town’s permit authority is authorized, pursuant to state law, to issue permits for the private display of fireworks in response to qualified applications. PDF PDF-ICON
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