Appeals & Opinions - Subject Index

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Abolition of Position
Subject Title Opinion Summary Type
Town may abolish position of receiver of taxes 2002-03 Informal PDF PDF-ICON
Absentee Voting
Subject Title Opinion Summary Type
Whether absentee voting is authorized in an incorporation election by Village Law article 2. 2006-01 Informal PDF PDF-ICON
Acknowledgments
Subject Title Opinion Summary Type
Procedure for various documents 2000-08 Informal PDF PDF-ICON
Administrative Tribunals
Subject Title Opinion Summary Type
Adjudication of building code violations by tribunal must be authorized by State law 2003-18 Informal PDF PDF-ICON
Adjudication of local violations by tribunals must be authorized by State law 1997-43 Informal PDF PDF-ICON
Advertising
Subject Title Opinion Summary Type
City bus system may sell advertising space on city buses through a competitive bidding process 1995-38 Informal PDF PDF-ICON
Agricultural District
Subject Title Opinion Summary Type
County legislative body must take action to terminate district 1998-49 Informal PDF PDF-ICON
Agriculture and Markets, Commissioner
Subject Title Opinion Summary Type
May delegate his responsibilities on board of directors of NYS Thoroughbred Breeding and Development Fund Corporation to deputy 1995-F6 Formal PDF PDF-ICON
Air Quality
Subject Title Opinion Summary Type
Plans and specifications for school building facilities that are potential air contamination sources subject only to review by Department of Environmental Conservation, not the county 1999-05 Informal PDF PDF-ICON
Alcohol
Subject Title Opinion Summary Type
A violation of Alcoholic Beverage Control Law § 65-c is a criminal offense 2005-14 Informal PDF PDF-ICON
Licenses that may be issued by Liquor Authority upon the tie vote on 'local option" in town 2004-F1 Formal PDF PDF-ICON
State law does not preempt "teen party host" local law. 2006-02 Informal PDF PDF-ICON
Town Property - a town may allow the consumption of alcohol on town property, and may implement a permit system to regulate such consumption 2003-13 Informal PDF PDF-ICON
All Terrain Vehicles (ATVs)
Subject Title Opinion Summary Type
Discussion of designating municipal highways for ATV use 2005-21 Informal PDF PDF-ICON
Ambulance Companies
Subject Title Opinion Summary Type
Municipality may not apply to Department of State for loan from emergency services revolving account as surrogate for ambulance company 1999-F3 Formal PDF PDF-ICON
Ambulances
Subject Title Opinion Summary Type
Privately owned vehicle that is appropriately equipped may have lights and sirens 1995-28 Informal PDF PDF-ICON
Animals
Subject Title Opinion Summary Type
Authority to adopt local law to relating to reproductive alteration of shelter animals 2014-06 Informal PDF PDF-ICON
SPAC agents not authorized to issue appearance tickets for violations of article 26 of Agriculture and Markets Law or to cease stray animals 2001-04 Informal PDF PDF-ICON
Annexation
Subject Title Opinion Summary Type
Fire district boundaries: Judicial decision defining town boundaries and town annexation proceeding does not affect fire district boundaries 2002-14 Informal PDF PDF-ICON
Appointment
Subject Title Opinion Summary Type
Appointment by mayor of member of common council, subject to common council confirmation 2009-02 Informal PDF PDF-ICON
appointment of members of Port Jervis community development agency 2012-05 Informal PDF PDF-ICON
Chairman of Employment Relations Board may take unpaid leave of absence from his law firm 1995-F4 Formal PDF PDF-ICON
Validity of appointment to Board of Assessment Review 2008-12 Informal PDF PDF-ICON
Appointment Powers
Subject Title Opinion Summary Type
County clerk May appoint deputy but county board of supervisors may challenge appointment if it violates county anti-nepotism policy 2005-08 Informal PDF PDF-ICON
Limitations May not violate common law rule against incompatibility of office 2005-08 Informal PDF PDF-ICON
Limitations Violation of anti-nepotism policy 2005-08 Informal PDF PDF-ICON
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy. 2005-19 Informal PDF PDF-ICON
Autopsies
Subject Title Opinion Summary Type
Availability of autopsy reports 1996-42 Informal PDF PDF-ICON
Banking
Subject Title Opinion Summary Type
Check Cashing - Requirements of Article 9-A of the Banking Law apply to all businesses that engage in the business of cashing checks 2004-F5 Formal PDF PDF-ICON
Exemption from 3/10 of a mile location restriction for banks that were in the business of electronic check-cashing machines 2006-F1 Formal PDF PDF-ICON
Bankruptcy
Subject Title Opinion Summary Type
Civil penalties owed to Department of Motor Vehicles dischargeable in Chapter 13 bankruptcy 1998-F10 Formal PDF PDF-ICON
Proceeding by State Banking Department to revoke license of mortgage banker for fraudulent consumer practices is not stayed by bankruptcy 2000-F6 Formal PDF PDF-ICON
Bias-Related Incidents
Subject Title Opinion Summary Type
County may enact local law requiring reporting of bias-related incidents 1996-05 Informal PDF PDF-ICON
Bingo
Subject Title Opinion Summary Type
Electronic computer aid may be used to assist in play of bingo 1999-F2 Formal PDF PDF-ICON
Board of Commissioners of Pilots
Subject Title Opinion Summary Type
Suspension of pilot's licenses for actions not taken under the license 1995-F2 Formal PDF PDF-ICON
Board of Cooperative Educational Services (BOCES)
Subject Title Opinion Summary Type
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. 2007-02 Informal PDF PDF-ICON
Board of Elections
Subject Title Opinion Summary Type
Removal of board of elections from city 2008-02 Informal PDF PDF-ICON
Boats
Subject Title Opinion Summary Type
Parking meters may be used for use of village docks 2000-21 Informal PDF PDF-ICON
State law needs to authorize regulation of size of boats and horsepower on specific lakes 1997-29 Informal PDF PDF-ICON
Bridges
Subject Title Opinion Summary Type
Reversion of bridge from county to town 1995-01 Informal PDF PDF-ICON
Business Improvement District
Subject Title Opinion Summary Type
May not use funds outside of its geographic boundaries 1996-09 Informal PDF PDF-ICON
Car Door Opener
Subject Title Opinion Summary Type
Automobile supplies and parts store may not sell car door opener "slimjim" to general public 1995-57 Informal PDF PDF-ICON
Cemeteries
Subject Title Opinion Summary Type
Authority of cemetery to require unconditional payment for merchandise that is "delivered" in relation to pre-payment agreements 2001-F1 Formal PDF PDF-ICON
Cemetery corporations may not sell plots for resale except to religious, membership, etc corporations to provide burial benefits to members 1998-F9 Formal PDF PDF-ICON
Municipal consent to establish 1997-07 Informal PDF PDF-ICON
Purchase of exclusive annual care by cemetery corporation 1999-F5 Formal PDF PDF-ICON
Transfer from town to village requires specific legislative approval 2012-09 Informal PDF PDF-ICON
Certificate of Honorable Discharge
Subject Title Opinion Summary Type
Authority for veteran to file certificate with county clerk and direct that record be sealed 2004-11 Informal PDF PDF-ICON
Certificate of Relief From Disabilities
Subject Title Opinion Summary Type
Relieves statutory disqualification to be volunteer firefighter; but not fire district commissioner 1998-50 Informal PDF PDF-ICON
Check Cashing
Subject Title Opinion Summary Type
Exemption from 3/10 of a mile location restriction for banks that were in the business of electronic check-cashing machines 2006-F1 Formal PDF PDF-ICON
Requirements of Article 9-A of the Banking Law apply to all businesses that engage in the business of cashing checks 2004-F5 Formal PDF PDF-ICON
Chief of Police
Subject Title Opinion Summary Type
A village police department must have a chief of police 2012-08 Informal PDF PDF-ICON
Certain municipalities must retain position 1995-58 Informal PDF PDF-ICON
Term of office - municipality is unauthorized to establish term of office if position is in competitive class of civil service 1995-48 Informal PDF PDF-ICON
Citizenship
Subject Title Opinion Summary Type
Clerk of town justice court not a public officer 1997-48 Informal PDF PDF-ICON
City Court Judge
Subject Title Opinion Summary Type
Appointment by mayor of member of common council, subject to common council confirmation 2009-02 Informal PDF PDF-ICON
City Mayor
Subject Title Opinion Summary Type
Local law curtailing power of appointment subject to mandatory referendum 1996-18 Informal PDF PDF-ICON
Vacancy - vacancy occurring on August 1st must be filled in current year's election 1996-34 Informal PDF PDF-ICON
City Uniformed Court Officers
Subject Title Opinion Summary Type
Peace officer status must be authorized through amendment of Criminal Procedure Law § 2.10 1999-13 Informal PDF PDF-ICON
City University of New York
Subject Title Opinion Summary Type
Display of red or white flashing lights (CUNY) 2000-F4 Formal PDF PDF-ICON
Civil Rights
Subject Title Opinion Summary Type
Posting of disciplinary matters not a violation 1995-27 Informal PDF PDF-ICON
Civil Service
Subject Title Opinion Summary Type
Change from city personnel officer to administration by county civil service commission not subject to referendum 1998-43 Informal PDF PDF-ICON
Local law reclassifying positions and adding new titles subject to approval by State Civil Service Commission 1998-F3 Formal PDF PDF-ICON
Claims
Subject Title Opinion Summary Type
Notice of defects in highways and sidewalks must be given to clerk 2000-18 Informal PDF PDF-ICON
Collateral Loan Brokers
Subject Title Opinion Summary Type
General Business Law sections 46 and 48 preempt local laws 2012-03 Informal PDF PDF-ICON
Collector of Taxes
Subject Title Opinion Summary Type
Local law authorizing town board to appoint deputy collector of taxes upon failure of collector to make appointment is subject to mandatory referendum 1998-32 Informal PDF PDF-ICON
Commission on Uniform State Laws
Subject Title Opinion Summary Type
Court of Claims judge may not serve as member of 2002-F2 Formal PDF PDF-ICON
Compatibility of Office
Subject Title Opinion Summary Type
A member of the county legislature may also serve as a deputy supervisor of a town within the county 1998-06 Informal PDF PDF-ICON
Assistant to town - town planning board, member 2002-16 Informal PDF PDF-ICON
Board of assessment review, member - police chief of another town 1996-33 Informal PDF PDF-ICON
Board of assessment review, member - zoning board of appeals, member 1995-09 Informal PDF PDF-ICON
Board of directors, solid waste management authority - county legislative body, member 1999-07 Informal PDF PDF-ICON
Board of education member; board of ethics member 2008-05 Informal PDF PDF-ICON
Board of education member; city supervisor 2005-16 Informal PDF PDF-ICON
Board of education, member - city corporation council 1996-02 Informal PDF PDF-ICON
Board of ethics member; board of education member 2008-05 Informal PDF PDF-ICON
BOCES member - county district attorney 2000-13 Informal PDF PDF-ICON
Chief or assistant chief of village fire department - village trustee 1998-33 Informal PDF PDF-ICON
City commissioner of neighborhoods and housing - city housing authority, member - city not-for-profit corporation under HUD 1996-40 Informal PDF PDF-ICON
City corporation counsel - board of education, member 1996-02 Informal PDF PDF-ICON
City council, member - city firefighter 1995-12 Informal PDF PDF-ICON
City housing authority, member - city commissioner of neighborhoods and housing - city not-for-profit corporation under HUD 1996-40 Informal PDF PDF-ICON
City legislator - city mayor 1998-38 Informal PDF PDF-ICON
City mayor - county assistant attorney 2000-09 Informal PDF PDF-ICON
City mayor - county legislator 1998-38 Informal PDF PDF-ICON
City not-for-profit corporation under HUD - city commissioner of neighborhoods and housing - city housing authority, member 1996-40 Informal PDF PDF-ICON
City planning board - county transportation program administrator 1998-55 Informal PDF PDF-ICON
City policeman - county legislator 1999-35 Informal PDF PDF-ICON
City zoning board of appeals member senior typist for city building department 2002-07 Informal PDF PDF-ICON
Commissioner of fire district commissioner of water district 2002-11 Informal PDF PDF-ICON
Commissioner of water district commissioner of fire district 2002-11 Informal PDF PDF-ICON
Confidential assistant to town supervisor - town planning board, member 2002-16 Informal PDF PDF-ICON
Confidential Secretary to the Supervisor Deputy Supervisor 2006-03 Informal PDF PDF-ICON
Council to industrial development agency - county attorney 1996-28 Informal PDF PDF-ICON
County assistant attorney - city mayor 2000-09 Informal PDF PDF-ICON
County assistant district attorney - town attorney 1996-43 Informal PDF PDF-ICON
County attorney - counsel to industrial development agency 1996-28 Informal PDF PDF-ICON
County board of supervisors, member - social welfare examiner 1995-35 Informal PDF PDF-ICON
County building inspector - county fire inspector 1998-44 Informal PDF PDF-ICON
County coroner - village trustee 1995-33 Informal PDF PDF-ICON
County department of emergency response, dispatcher county fire safety advisor 2001-05 Informal PDF PDF-ICON
County director of risk management/self-insurance - town supervisor 1999-30 Informal PDF PDF-ICON
County district attorney - BOCES member 2000-13 Informal PDF PDF-ICON
County fire inspector - county building inspector 1998-44 Informal PDF PDF-ICON
County fire safety advisor - county department of emergency response, dispatcher 2001-05 Informal PDF PDF-ICON
County improvement district administrator - town supervisor 2003-05 Informal PDF PDF-ICON
County industrial development agency, member - county planning board, director 1998-45 Informal PDF PDF-ICON
County industrial development agency, member; county planning board, director 2003-05 Informal PDF PDF-ICON
County legislative body, member board of directors, solid waste management authority 1999-07 Informal PDF PDF-ICON
County legislator - city policeman 1999-35 Informal PDF PDF-ICON
County legislator - town planning board, member 1997-22 Informal PDF PDF-ICON
County legislator and town historian 2012-06 Informal PDF PDF-ICON
County legislature, member - farm bureau representative on board of soil and water conservation district 1995-41 Informal PDF PDF-ICON
County legislature, member - Professional Advisory Committee 1995-41 Informal PDF PDF-ICON
County manager - county treasurer 1998-22 Informal PDF PDF-ICON
County planning board, director - county industrial development agency, member 1998-45 Informal PDF PDF-ICON
County planning board, member; town planning board, member Village building inspector/zoning code enforcement officer 2003-03 Informal PDF PDF-ICON
County transportation program administrator - city planning board 1998-55 Informal PDF PDF-ICON
County treasurer - county engineer 1998-22 Informal PDF PDF-ICON
County treasurer; school board member 2002-21 Informal PDF PDF-ICON
County treasurer; town assessor 2002-21 Informal PDF PDF-ICON
County veterans' agency - director town supervisor 1997-46 Informal PDF PDF-ICON
Deputy superintendent of highways - town board, member 1996-12 Informal PDF PDF-ICON
Deputy Supervisor, Confidential Secretary to the Supervisor 2006-03 Informal PDF PDF-ICON
Deputy town clerk village trustee 2006-05 Informal PDF PDF-ICON
Farm bureau representative on board of soil and water conservation district - county legislature, member 1995-41 Informal PDF PDF-ICON
Fire commissioner (joint fire district)- village mayor 2004-06 Informal PDF PDF-ICON
Fire district assistant chief - Board of fire district commissioners, member 1997-21 Informal PDF PDF-ICON
Fire district assistant fire chief and fire district firehouse maintainer 2005-20 Informal PDF PDF-ICON
Fire district chief - Fire district house maintainer 1997-04 Informal PDF PDF-ICON
Fire district chief and fire district firehouse maintainer 2005-20 Informal PDF PDF-ICON
Fire district commissioner - Fire district assistant chief 1997-21 Informal PDF PDF-ICON
Fire district commissioner - master mechanic 1997-44 Informal PDF PDF-ICON
Fire district commissioner - town clerk 1999-40 Informal PDF PDF-ICON
Fire district counsel - volunteer firefighter 1999-26 Informal PDF PDF-ICON
Fire district firehouse maintainer and fire district assistant fire chief 2005-20 Informal PDF PDF-ICON
Fire district firehouse maintainer and fire district fire chief 2005-20 Informal PDF PDF-ICON
Fire district house maintainer - Fire district chief 1997-04 Informal PDF PDF-ICON
Hospital Board Member (Public Hospital); Town Highway Superintendent 2003-06 Informal PDF PDF-ICON
Local development corporation - director town attorney 1998-23 Informal PDF PDF-ICON
Master mechanic - Fire district commissioner 1997-44 Informal PDF PDF-ICON
Mayor of village - town board of assessment review, member 1996-07 Informal PDF PDF-ICON
Non-physician EMS Coordinator cannot be appointed deputy coroner. 2011-02 Informal PDF PDF-ICON
Plumbing inspector and building inspector 2002-10 Informal PDF PDF-ICON
Police chief of one town - member board of assessment review another town 1996-33 Informal PDF PDF-ICON
Professional Advisory Committee - county legislature, member 1995-41 Informal PDF PDF-ICON
School board member - town assessor 2000-14 Informal PDF PDF-ICON
School board member; county treasurer 2002-21 Informal PDF PDF-ICON
Secretary (Confidential) to the Supervisor Deputy Supervisor 2006-03 Informal PDF PDF-ICON
Secretary to town supervisor; town planning board, member 2002-16 Informal PDF PDF-ICON
Secretary to zoning board of appeals and zoning board of appeals member 2005-17 Informal PDF PDF-ICON
Senior typist for city building department; city zoning board of appeals, member 2002-07 Informal PDF PDF-ICON
Social welfare examiner - county board of supervisors, member 1995-35 Informal PDF PDF-ICON
state legislator and member of New York Guard 2005-F1 Formal PDF PDF-ICON
State probation officer - Village court clerk 1997-14 Informal PDF PDF-ICON
Tax collector, school district - town clerk 1997-36 Informal PDF PDF-ICON
Town assessor - school board member 2000-14 Informal PDF PDF-ICON
Town assessor - town deputy clerk 1997-09 Informal PDF PDF-ICON
Town assessor - village mayor 1997-19 Informal PDF PDF-ICON
Town assessor; county treasurer 2002-21 Informal PDF PDF-ICON
Town attorney - county assistant district attorney 1996-43 Informal PDF PDF-ICON
Town attorney - Local development corporation, director 1998-23 Informal PDF PDF-ICON
town board member and building administrator for town housing authority 2013-02 Informal PDF PDF-ICON
Town board of assessment review, member - mayor of village 1996-07 Informal PDF PDF-ICON
Town board, member - deputy superintendent of highways 1996-12 Informal PDF PDF-ICON
Town board, member - town highway department employee 1996-12 Informal PDF PDF-ICON
Town board, member - village zoning board of appeals, chairperson 1996-16 Informal PDF PDF-ICON
Town clerk - Fire district commissioner 1999-40 Informal PDF PDF-ICON
Town clerk - Tax collector, school district 1997-36 Informal PDF PDF-ICON
Town comptroller - village treasurer 1997-53 Informal PDF PDF-ICON
town council member and town financial operations manage 2013-01 Informal PDF PDF-ICON
Town deputy clerk - town assessor 1997-09 Informal PDF PDF-ICON
Town highway department employee - town board, member 1996-12 Informal PDF PDF-ICON
Town Highway Superintendent; Public Hospital Board Member 2003-06 Informal PDF PDF-ICON
Town historian and county legislator 2012-06 Informal PDF PDF-ICON
Town librarian - town supervisor 1999-39 Informal PDF PDF-ICON
Town planning board, member - County legislator 1997-22 Informal PDF PDF-ICON
Town planning board, member; Assistant to town supervisor 2003-05 Informal PDF PDF-ICON
Town planning board, member; Assistant to town supervisor 2002-16 Informal PDF PDF-ICON
Town planning board, member; Confidential assistant to town supervisor 2002-16 Informal PDF PDF-ICON
Town planning board, member; County planning board, member 2003-03 Informal PDF PDF-ICON
Town planning board, member; Secretary to town supervisor 2002-16 Informal PDF PDF-ICON
Town police officer - village trustee 1999-34 Informal PDF PDF-ICON
Town supervisor - county director of risk management/self-insurance 1999-30 Informal PDF PDF-ICON
Town supervisor - county veterans' agency, director 1997-46 Informal PDF PDF-ICON
Town supervisor - town librarian 1999-39 Informal PDF PDF-ICON
Town supervisor - village mayor 1995-51 Informal PDF PDF-ICON
Town supervisor - Village mayor - may serve only until commencement of town budget process 1998-24 Informal PDF PDF-ICON
Town supervisor; county improvement district, administrator 2003-05 Informal PDF PDF-ICON
Town supervisor; town planning board member 2002-16 Informal PDF PDF-ICON
Town zoning board of appeals, chairperson - village mayor 1996-20 Informal PDF PDF-ICON
Village board of trustees - village clerk-treasurer 1998-17 Informal PDF PDF-ICON
Village building and bingo inspector - village trustee 1995-34 Informal PDF PDF-ICON
Village clerk-treasurer - village board of trustees 1998-17 Informal PDF PDF-ICON
Village clerk/treasurer – village court clerk 2014-01 Informal PDF PDF-ICON
Village code enforcement officer - village planning board, member 1995-21 Informal PDF PDF-ICON
Village code enforcement officer;County planning board, member 2003-03 Informal PDF PDF-ICON
Village court clerk - State probation officer 1997-14 Informal PDF PDF-ICON
Village court clerk - village clerk/treasurer 2014-01 Informal PDF PDF-ICON
Village fire chief - village fire marshal 2000-20 Informal PDF PDF-ICON
Village fire department battalion chief – village mayor of village trustee 2014-04 Informal PDF PDF-ICON
Village fire marshal - village fire chief 2000-20 Informal PDF PDF-ICON
Village mayor - fire commissioner (joint fire district) 2004-06 Informal PDF PDF-ICON
Village Mayor - may serve only until commencement of town budget process - town supervisor 1998-24 Informal PDF PDF-ICON
Village mayor - Town assessor 1997-19 Informal PDF PDF-ICON
Village Mayor - town supervisor 1995-51 Informal PDF PDF-ICON
Village mayor - town zoning board of appeals, chairperson 1996-20 Informal PDF PDF-ICON
Village mayor of village trustee – village fire department battalion chief 2014-04 Informal PDF PDF-ICON
Village planning board, member - village code enforcement officer 1995-21 Informal PDF PDF-ICON
Village police officer - village zoning board of appeals 1999-08 Informal PDF PDF-ICON
Village trustee deputy town clerk 2006-05 Informal PDF PDF-ICON
Village trustee - chief or assistant chief of village fire department 1998-33 Informal PDF PDF-ICON
Village trustee - county coroner 1995-33 Informal PDF PDF-ICON
Village trustee - town police officer 1999-34 Informal PDF PDF-ICON
Village trustee - village building and bingo inspector 1995-34 Informal PDF PDF-ICON
Village trustee - village volunteer fire department, commissioner 1999-23 Informal PDF PDF-ICON
Village volunteer fire department - commissioner village trustee 1999-23 Informal PDF PDF-ICON
Village zoning board of appeals - village police officer 1999-08 Informal PDF PDF-ICON
Village zoning board of appeals, chairperson - town board, member 1996-16 Informal PDF PDF-ICON
Volunteer firefighter - fire district counsel 1999-26 Informal PDF PDF-ICON
Zoning board of appeals member and secretary to zoning board of appeals 2005-17 Informal PDF PDF-ICON
Zoning board of appeals, member - board of assessment review, member 1995-09 Informal PDF PDF-ICON
Compensation
Subject Title Opinion Summary Type
Statutory pay raise due Supreme Court Justices became effective on first day of payroll nearest effective date, not on effective date of statute 2004-F4 Formal PDF PDF-ICON
Comptroller
Subject Title Opinion Summary Type
State Comptroller - state law authority to access secret tax information 2004-13 Informal PDF PDF-ICON
Condemnation
Subject Title Opinion Summary Type
Public utility service; acquisition of land or facilities 1999-44 Informal PDF PDF-ICON
Conflict of Interest
Subject Title Opinion Summary Type
A member of a board of trustees who owns property within a Business Improvement District should recuse himself from deliberations and voting on District's annual budget 2002-09 Informal PDF PDF-ICON
A professional architect may also be a member of village design review board 2002-08 Informal PDF PDF-ICON
Assistant Town Attorney, whose duties are limited to serving the town plumber's examining board, may represent private clients before planning and zoning boards of appeals under certain circumstances. 2003-08 Informal PDF PDF-ICON
Building inspector, deputy may inspect building inspector's home 1997-35 Informal PDF PDF-ICON
County legislator, acting in private capacity, may not install septic systems reviewed by county employee 1998-30 Informal PDF PDF-ICON
County legislature may not appoint a legislator to county planning commission 1999-38 Informal PDF PDF-ICON
County water authority employee when off duty should not install private service lines 1998-51 Informal PDF PDF-ICON
Fire district commissioner employment as firefighter belonging to same union as paid firefighters with whom he must negotiate contracts on behalf of fire district 1995-24 Informal PDF PDF-ICON
Independent contractor for town serving as deputy supervisor 2000-11 Informal PDF PDF-ICON
Litigation by member of county board of supervisors against county official entitled to defense and indemnification by county 1996-10 Informal PDF PDF-ICON
Mayor and trustee, who also serve joint fire district, should not vote on proposed sale of village property to district 1998-26 Informal PDF PDF-ICON
Mayor employed as technical sheriff may not vote on contract with county for law enforcement services to village 1998-34 Informal PDF PDF-ICON
Member must absent himself from the board while the matter is being discussed 1995-02 Informal PDF PDF-ICON
Members of library board and village board named in a lawsuit as co-defendants with the library and the village may participate in board deliberations relating to defending the library and village 1997-32 Informal PDF PDF-ICON
Municipal attorney's representation of town board before zoning board of appeals does not violate State law 1997-41 Informal PDF PDF-ICON
Paid firefighter of city providing fire protection by contract to a fire protection district may not participate in contract negotiations 1998-12 Informal PDF PDF-ICON
Pending litigation does not necessarily disqualify board members from hearing subsequent application 2000-22 Informal PDF PDF-ICON
Planning board, member - Political party official and county officer 1997-50 Informal PDF PDF-ICON
Political Office - Town political party chair serving as appointed town assessor 1996-27 Informal PDF PDF-ICON
Recusal required if council member's employer has interest 1997-05 Informal PDF PDF-ICON
School district employee tuition waiver for assisting student teacher 1995-32 Informal PDF PDF-ICON
School staff member and chaperone of student trips 1995-10 Informal PDF PDF-ICON
Town assessor - representation of client that owns property in town where he is assessor 1995-07 Informal PDF PDF-ICON
Town board of assessment review member should recuse himself in deciding his application to lower his assessment 1999-42 Informal PDF PDF-ICON
Town board, member - husband chairperson of board of assessment review 1996-06 Informal PDF PDF-ICON
Town highway superintendent - may not be employed by water district in his private capacity to repair water lines along the surface of the road 1998-11 Informal PDF PDF-ICON
Town planning board member and subcontractor for applicant 1995-14 Informal PDF PDF-ICON
Town planning board, member - employment by firm performing computer services for town 1995-22 Informal PDF PDF-ICON
Town supervisor - son, a sergeant in town police department 1996-17 Informal PDF PDF-ICON
Town supervisor, deputy - president of school board 1996-29 Informal PDF PDF-ICON
Village attorney may represent private clients before town planning board of which mayor is a member 1997-38 Informal PDF PDF-ICON
Village board of trustees, member - vice-President of village fire department; village volunteer fire department, member 1996-21 Informal PDF PDF-ICON
Village may place part-time police officer's business on towing list 1998-39 Informal PDF PDF-ICON
Village officer has no conflict when he applies for rent subsidy for his tenant when county administers HUD program 1999-14 Informal PDF PDF-ICON
Conservation Board
Subject Title Opinion Summary Type
Litigation by member of county board of supervisors against county official entitled to defense and indemnification by county 1996-10 Informal PDF PDF-ICON
Members are not officers because board is advisory 1995-04 Informal PDF PDF-ICON
Conservation District
Subject Title Opinion Summary Type
Board of directors entitled to defense and indemnification by county 1996-F6 Formal PDF PDF-ICON
Constables
Subject Title Opinion Summary Type
Vehicles operated by village constables as police vehicles 2005-06 Informal PDF PDF-ICON
Contracts
Subject Title Opinion Summary Type
Agreements between state agencies and Cornell University for academic services from statutory colleges should be viewed as contracts 2005-F2 Formal PDF PDF-ICON
Employment contract for governmental service for term that extends beyond municipal board remains in effect until disaffirmed by a successor board 2004-08 Informal PDF PDF-ICON
Standards for preparation of contracts by real estate brokers 1996-F11 Formal PDF PDF-ICON
Controlled Substances
Subject Title Opinion Summary Type
Drugs and contraband reverse sale law enforcement technique legal 1996-F10 Formal PDF PDF-ICON
Copyright
Subject Title Opinion Summary Type
Municipalities may obtain copyrights under federal law 1997-54 Informal PDF PDF-ICON
Cornell University
Subject Title Opinion Summary Type
Agreements between state agencies and Cornell University for academic services from statutory colleges should be viewed as contracts 2005-F2 Formal PDF PDF-ICON
Coroner
Subject Title Opinion Summary Type
Availability of autopsy reports 1996-42 Informal PDF PDF-ICON
Non-physician EMS Coordinator cannot be appointed deputy coroner. 2011-02 Informal PDF PDF-ICON
Corrections
Subject Title Opinion Summary Type
Inmate labor may be used to remove graffiti on public not private property 1998-27 Informal PDF PDF-ICON
County Administrator
Subject Title Opinion Summary Type
Subject to referendum only if transfer of power of elected officer 1995-11 Informal PDF PDF-ICON
County Attorney
Subject Title Opinion Summary Type
Attorneys of social services department may serve independently or under direction of county attorney 2000-10 Informal PDF PDF-ICON
County attorney not authorized to represent official in defamation action 1997-20 Informal PDF PDF-ICON
County attorney’s term when county legislators serve staggered four-year terms 2014-03 Informal PDF PDF-ICON
May deputize attorneys in Social Services Department to perform duties under Family Court Act 1996-08 Informal PDF PDF-ICON
County Charter
Subject Title Opinion Summary Type
Administrative Code - provisions may constitute charter. County Charter Law procedures applicable 1999-04 Informal PDF PDF-ICON
Content of administrative code determines whether it is part of charter 1999-09 Informal PDF PDF-ICON
County authorized to transfer zoning function from a town to a village, subject to referendum requirements 2000-15 Informal PDF PDF-ICON
May include additional referendum requirements 1999-04 Informal PDF PDF-ICON
Public officer term of office established by charter 1995-37 Informal PDF PDF-ICON
State enacted county charter provisions may include referendum requirements 1999-09 Informal PDF PDF-ICON
County Clerk
Subject Title Opinion Summary Type
Appointment powers May appoint deputy but county board of supervisors may challenge appointment if it violates county anti-nepotism policy 2005-08 Informal PDF PDF-ICON
Honorable discharge certificate filed with county clerk may be sealed at veteran's request. Once sealed, record is available only to veteran, veteran's agent or representative, or a representative of the veteran's estate 2004-11 Informal PDF PDF-ICON
Maps - maps to be filed with subdivisions must be prepared by licensed surveyors, not engineers 1997-28 Informal PDF PDF-ICON
May accept for filing a certificate that indicates a person is doing business under under assumed name 1995-45 Informal PDF PDF-ICON
May correct an obvious clerical error and remove erroneously recorded documents from record 1995-45 Informal PDF PDF-ICON
May not mark a mortgage as discharged when presented with certificate of satisfaction signed by other than mortgagee or last assignee of record, but may record certificate. 2005-02 Informal PDF PDF-ICON
Must accept for recording any instrument properly acknowledged and executed 1997-15 Informal PDF PDF-ICON
Obligation of county clerks to record mortgage filed by MERS as the mortgagee where MERS has no legal interest in the mortgage 2001-02 Informal PDF PDF-ICON
County Legislature
Subject Title Opinion Summary Type
Authority of county board of supervisors to enact local law creating for position of county manager term of office longer than that of majority of supervisors. 2005-04 Informal PDF PDF-ICON
By local law may supersede publication requirements 1997-12 Informal PDF PDF-ICON
number of votes to adopt local law containing terms of sale of surplus property 2012-10 Informal PDF PDF-ICON
County Manager
Subject Title Opinion Summary Type
Authority of county board of supervisors to enact local law creating for position of county manager term of office longer than that of majority of supervisors. 2005-04 Informal PDF PDF-ICON
County Office
Subject Title Opinion Summary Type
Removal of board of elections from city 2008-02 Informal PDF PDF-ICON
County Social Services Attorneys
Subject Title Opinion Summary Type
Attorneys of social services department may serve independently or under direction of county attorney 2000-10 Informal PDF PDF-ICON
County Treasurer
Subject Title Opinion Summary Type
Duty to provide tax payment certificate under Real Property Law § 334 2004-03 Informal PDF PDF-ICON
County-Owned Land
Subject Title Opinion Summary Type
County may construct a trail for use by all-terrain vehicles but may not grant a private organization exclusive use of trail 2002-01 Informal PDF PDF-ICON
Court of Claims Judge
Subject Title Opinion Summary Type
May not serve as member of Commission on Uniform State Laws 2002-F2 Formal PDF PDF-ICON
Court Orders
Subject Title Opinion Summary Type
Matrimonial records and subpoenas - subpoena signed by Clerk of the Appellate Division insufficient to supplant requirement for court order before disclosing matrimonial records 2002-20 Informal PDF PDF-ICON
Courts
Subject Title Opinion Summary Type
Person may qualify for office of Supreme Court Justice if he meets qualifications within 30 days of start of term 1998-F6 Formal PDF PDF-ICON
Credit Cards
Subject Title Opinion Summary Type
Fees imposed for the payment of premiums by credit card are prohibited by statute 2006-F2 Formal PDF PDF-ICON
Crime Victims Board
Subject Title Opinion Summary Type
Authority to receive police reports from local law enforcement agencies 2007-F3 Formal PDF PDF-ICON
Awards - general business start-up or enhancement costs not available as vocational rehabilitation services; self-employment as reasonable objective 2002-F2 Formal PDF PDF-ICON
Compromise or settlement of a lien 1995-F1 Formal PDF PDF-ICON
Crimes
Subject Title Opinion Summary Type
School board member vacates office through conviction of off-duty crime of petit larceny 1999-03 Informal PDF PDF-ICON
Criminal Conviction
Subject Title Opinion Summary Type
County civil service commission may consider a job applicant's criminal history 1996-35 Informal PDF PDF-ICON
Criminal History Checks
Subject Title Opinion Summary Type
County may enact a local law authorizing it to obtain criminal history records of individuals providing personal care services through county department of health 2002-12 Informal PDF PDF-ICON
Criminal Procedure
Subject Title Opinion Summary Type
Adjudication of local violations by tribunals must be authorized by State law 1997-43 Informal PDF PDF-ICON
Increased penalties for local zoning violations permitted 2004-14 Informal PDF PDF-ICON
Use of video surveillance 1997-47 Informal PDF PDF-ICON
Curfew
Subject Title Opinion Summary Type
A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew 2005-13 Informal PDF PDF-ICON
Deeds
Subject Title Opinion Summary Type
County Clerk - must accept for recording any instrument properly acknowledged and executed 1997-15 Informal PDF PDF-ICON
Municipality may not require additional language in deed 1996-49 Informal PDF PDF-ICON
Procedure for Acknowledgments 2000-08 Informal PDF PDF-ICON
Reference to tax map acceptable for recording purposes 1996-38 Informal PDF PDF-ICON
Signature of attorney-in-fact 1998-48 Informal PDF PDF-ICON
Defense and Indemnification
Subject Title Opinion Summary Type
Arbitrators and mediators participating in attorney-client fee dispute resolution program eligible for section 17 coverage 2004-F3 Formal PDF PDF-ICON
Bar associations and individuals administering attorney-client fee dispute resolution program not eligible for section 17 coverage 2004-F3 Formal PDF PDF-ICON
compensated guardians ad litem in New York City Civil Court Program are not eligible for section 17 coverage 2006-F5 Formal PDF PDF-ICON
Consumer Protection Board member covered when serving on advisory board to Targeted Accessibility Fund 1998-F11 Formal PDF PDF-ICON
Defense is owed if the complaint alleges behavior within scope of employment 1995-06 Informal PDF PDF-ICON
Directors of Independent and Livery Driver Benefit Fund not eligible 2011-09 Informal PDF PDF-ICON
Healthcare professionals reviewing treatment plans for Medicaid patients are entitled 1997-F1 Formal PDF PDF-ICON
Hunter College Foundation and its officers and employees 1997-F8 Formal PDF PDF-ICON
Indemnification costs for employees covered by Public Officers Law § 17 generally will come from state appropriations, rather than agency funds 2004-F6 Formal PDF PDF-ICON
Joint fire district - may provide defense and indemnification under Public Officers section 18 1996-32 Informal PDF PDF-ICON
Legal fees - town may not reimburse town supervisor for legal costs incurred unsuccessfully defending criminal charges 2003-16 Informal PDF PDF-ICON
Members of architectural and engineering professional associations who testify at request of Education Department 1996-F5 Formal PDF PDF-ICON
Members of library board and village board provided defense by the village and library may participate in deliberations by the village and library regarding defense of the lawsuit 1997-32 Informal PDF PDF-ICON
Members of NYS Deferred Compensation Board receive protection 1999-F4 Formal PDF PDF-ICON
Municipality may supplement Public Officers Law section 18 by local law to provide for indemnification of punitive damages 1999-33 Informal PDF PDF-ICON
Municipality must defend official sued in official capacity upon finding that he acted within scope of duties 1997-40 Informal PDF PDF-ICON
Physicians hired by State Police not covered 1998-F2 Formal PDF PDF-ICON
Public Officers Law § 17 and 19 does not authorize payment of legal fees incurred by an employee who hired a private attorney to defend him in a disciplinary proceeding 2002-F4 Formal PDF PDF-ICON
Public Officers Law § 17 does not authorize payment of legal fees in Dept. Of Motor Vehicles license revocation proceeding 1997-F9 Formal PDF PDF-ICON
Regional Emergency Medical Advisory Committees eligible to receive defense and indemnification under Public Officers Law section 17 1996-F9 Formal PDF PDF-ICON
Regional Emergency Medical Services Councils eligible to receive defense and indemnification under Public Officers Law section 17 1996-F9 Formal PDF PDF-ICON
Section 18 of Public Officers Law does not authorize representation before Commision on Judicial Conduct 1996-36 Informal PDF PDF-ICON
Section 18 of Public Officers Law does not authorize representation before Commission on Judicial Conduct 1997-24 Informal PDF PDF-ICON
Section 18 of Public Officers Law may be adopted by resolution or local law 2000-07 Informal PDF PDF-ICON
Section 18 of Public Officers Law not exclusive means 1998-04 Informal PDF PDF-ICON
Security Guard Advisory Council are eligible for defense and indemnification pursuant to Public Officers Law § 17. 2012-F2 Formal PDF PDF-ICON
Soil and Water Conservation District: may be provided by county 1996-F6 Formal PDF PDF-ICON
staff member of BOCES district superintendent who is serving as integrity officer 2013-F1 Formal PDF PDF-ICON
Staff of IOLA are entitled to state defense and indemnification under Public Officers Law § 17 2004-F6 Formal PDF PDF-ICON
Superintendents of supervisory district entitled to defense and indemnification under Public Officers Law § 17 in relation to State duties 1997-F10 Formal PDF PDF-ICON
The members of the Nassau County Rent Guidelines Board are eligible for State-provided defense and indemnification pursuant to Public Officers Law § 17. 2009-F1 Formal PDF PDF-ICON
Town may not reimburse town employees for legal costs incurred when employees were called to assist in investigation and prosecution against town supervisor 2003-16 Informal PDF PDF-ICON
Unpaid guardians ad litem in New York City Civil Court program are eligible for Section 17 coverage. 2006-F3 Formal PDF PDF-ICON
Volunteer lawyers in OCA's Housing Court Program covered by section 17 2000-F1 Formal PDF PDF-ICON
Volunteers of SUNY Medical School 1997-F3 Formal PDF PDF-ICON
Deputy Supervisor
Subject Title Opinion Summary Type
Procedure for establishing position and appointment 1998-42 Informal PDF PDF-ICON
Disasters
Subject Title Opinion Summary Type
Legal guidelines for declaration of a State emergency 1996-F12 Formal PDF PDF-ICON
Disciplinary Matters
Subject Title Opinion Summary Type
Posting of discipline by department not prohibited by Civil Rights Law 1995-27 Informal PDF PDF-ICON
Dissolution of Village
Subject Title Opinion Summary Type
Board of trustees must submit proposition for dissolution of village to a referendum 1996-23 Informal PDF PDF-ICON
Must include a plan to for payment of liabilities and disposition of property of village 1996-24 Informal PDF PDF-ICON
One-person, one-vote requirements apply 1998-02 Informal PDF PDF-ICON
District Attorney
Subject Title Opinion Summary Type
May delegate to county attorney authority to to prosecute violations of county electrical laws 1998-14 Informal PDF PDF-ICON
Statutory minimum salary 2009-03 Informal PDF PDF-ICON
Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney 2005-12 Informal PDF PDF-ICON
Town attorney may prosecute violations of Alcoholic Beverage Control Law § 65-c if duly authorized by the district attorney 2005-14 Informal PDF PDF-ICON
Vacancy - district attorney elected to fill vacancy serves for full term 1995-30 Informal PDF PDF-ICON
Village local laws - not required to prosecute violations 1996-31 Informal PDF PDF-ICON
Village regulations - not required to prosecute violations 1997-52 Informal PDF PDF-ICON
Division of Housing and Community Renewal
Subject Title Opinion Summary Type
Indexing Requirements - unless explicit statutory opportunity to be heard requirement is present, SAPA section 307(3)(a) requirements will not be triggered 1995-F8 Formal PDF PDF-ICON
Do-Not-Resuscitate Orders
Subject Title Opinion Summary Type
A physician may not, consistent with Public Health Law, art. 29-B, enter a do-not-resuscitate order on the basis of medical futility over the objection of a patient's health care agent or surrogate 2003-F1 Formal PDF PDF-ICON
Volunteer fire/rescue department required to honor 1996-01 Informal PDF PDF-ICON
Dog Control
Subject Title Opinion Summary Type
Court may order restitution and reparation to victim of dog attack 2005-12 Informal PDF PDF-ICON
Municipality may contract with incorporated dog protective association formed under Not-For-Profit Corporation Law 1996-15 Informal PDF PDF-ICON
Municipality may not contract with an individual for dog control but may contract with another municipality or humane society 2000-17 Informal PDF PDF-ICON
Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney 2005-12 Informal PDF PDF-ICON
Town attorney may represent town in civil proceedings brought pursuant to Ag & Mkts Law § 121 2005-12 Informal PDF PDF-ICON
Town may seek court's leave to intervene in special proceeding brought pursuant to Ag & Mkts Law § 121 2005-12 Informal PDF PDF-ICON
Domestic Violence
Subject Title Opinion Summary Type
Interpretation of federal law prohibiting persons with domestic violence convictions from possessing firearms 1998-F8 Formal PDF PDF-ICON
Drugs and Contraband
Subject Title Opinion Summary Type
Reverse sale law enforcement technique legal 1996-F10 Formal PDF PDF-ICON
Education Law
Subject Title Opinion Summary Type
City supervisor is not a "city office" within the meaning of Education Law § 2502(7) 2005-16 Informal PDF PDF-ICON
Election Law
Subject Title Opinion Summary Type
Police officer may run for county legislator, participate in causes and party committees. He may not receive donations 1999-35 Informal PDF PDF-ICON
Elections
Subject Title Opinion Summary Type
Fire commissioners - during term of office, may not run for full term in other fire commissioner position 1999-28 Informal PDF PDF-ICON
Sheriffs and deputy sheriffs are subject to Election Law restrictions on campaign activity by police officers 1998-57 Informal PDF PDF-ICON
Terms of village officers extended by change of date of election 2000-19 Informal PDF PDF-ICON
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy. 2005-19 Informal PDF PDF-ICON
Village may regain conduct of elections after transferring conduct of elections to county board of elections 2002-19 Informal PDF PDF-ICON
Whether absentee voting is authorized in an incorporation election by Village Law article 2. 2006-01 Informal PDF PDF-ICON
Electronic Signatures
Subject Title Opinion Summary Type
Whether federal law preempts the Real Property Law to require electronic signatures 2001-03 Informal PDF PDF-ICON
Emergencies
Subject Title Opinion Summary Type
Authority of emergency personnel to enter private property 2006-04 Informal PDF PDF-ICON
County may not delegate to other municipalities responsibility for dispatch services 1998-29 Informal PDF PDF-ICON
Legal guidelines for declaration of a State emergency 1996-F12 Formal PDF PDF-ICON
Town supervisor's authority with respect to property and resources of another municipality 2005-05 Informal PDF PDF-ICON
Emergency Medical Services
Subject Title Opinion Summary Type
School district may contract with municipality or emergency medical service for installation of alarm system, which includes cost of false alarms 1997-26 Informal PDF PDF-ICON
Employment Relations Board
Subject Title Opinion Summary Type
Chairman may take unpaid leave of absence from his law firm 1995-F4 Formal PDF PDF-ICON
Enforcement
Subject Title Opinion Summary Type
Local laws - municipality may only enforce penalty provisions utilizing the Criminal Procedure Law 1999-22 Informal PDF PDF-ICON
Local zoning laws - discussion of permissible penalties 2004-14 Informal PDF PDF-ICON
Environmental Conservation Law
Subject Title Opinion Summary Type
Seizure of firearms for environmental offenses 2000-F2 Formal PDF PDF-ICON
Environmental Law
Subject Title Opinion Summary Type
Temporary revocable permits to install underwater electrical cables. Department of Environmental Conservation may not issue 1996-F2 Formal PDF PDF-ICON
ERISA
Subject Title Opinion Summary Type
Whether investigation and enforcement of New York's prevailing wage law is preempted by ERISA 1998-F7 Formal PDF PDF-ICON
Ethics
Subject Title Opinion Summary Type
Ethics code may prohibit county officer from holding a political party office 2007-07 Informal PDF PDF-ICON
Ethics code may prohibit county officer from holding a political party office 1997-50 Informal PDF PDF-ICON
Prohibiting disclosure of matters discussed in executive session 2000-02 Informal PDF PDF-ICON
School district may include in code of ethics gift prohibition more stringent than State law 1999-16 Informal PDF PDF-ICON
Evictions
Subject Title Opinion Summary Type
Sheriff may remove personal property or secure it in the dwelling 1995-25 Informal PDF PDF-ICON
Executive Sessions
Subject Title Opinion Summary Type
Prohibiting disclosure of matters discussed in executive session 2000-02 Informal PDF PDF-ICON
Federal Grants
Subject Title Opinion Summary Type
Authority to designate agency to administer federal housing grant 1997-F12 Formal PDF PDF-ICON
Fees
Subject Title Opinion Summary Type
Authorized fee for a firearms license amendment is for each amendment 2005-07 Informal PDF PDF-ICON
Local fee for issuance of tax payment certificate pursuant to Real Property Law § 334 unauthorized 2004-03 Informal PDF PDF-ICON
Financial Disclosure
Subject Title Opinion Summary Type
Members of private industry councils need not file 1995-17 Informal PDF PDF-ICON
State filing by federal officials 1998-F1 Formal PDF PDF-ICON
Fines
Subject Title Opinion Summary Type
Fines imposed under provisions of General Municipal Law and Uniform Fire Prevention and Building Code subject to Criminal Procedure Law 1995-53 Informal PDF PDF-ICON
Town may provide for penalty of fine only for zoning violations. 2005-18 Informal PDF PDF-ICON
Fire Companies
Subject Title Opinion Summary Type
Municipality may not apply to Department of State for loan from emergency services revolving account as surrogate for fire company 1999-F3 Formal PDF PDF-ICON
Person convicted of arson ineligible to be member; certificate of relief from disabilities prevents automatic disqualification 1998-50 Informal PDF PDF-ICON
Person may not be member of more than one fire company even if formed for emergency and general ambulance services. Volunteer may provide assistance to another company 1999-02 Informal PDF PDF-ICON
Volunteer fire/rescue department required to honor nonhospital orders not to resuscitate 1996-01 Informal PDF PDF-ICON
Fire Departments
Subject Title Opinion Summary Type
Commanding officer may accept services of volunteer member of another company 1999-41 Informal PDF PDF-ICON
Fire Districts
Subject Title Opinion Summary Type
Boundaries: judical decision defining town boundaries and town annexation proceeding does not affect fire district boundaries 2002-14 Informal PDF PDF-ICON
Commissioner - person convicted of arson ineligible to be member; certificate of relief from disabilities prevents automatic disqualification 1998-50 Informal PDF PDF-ICON
Commissioners establish qualifications of line officers 1997-49 Informal PDF PDF-ICON
Commissioners may require that volunteer firefighters have high school diplomas or undergo State certified training 2000-04 Informal PDF PDF-ICON
Elections - commissioner may provide details for preparation of paper ballots 1997-45 Informal PDF PDF-ICON
Eligibility of paid firefighters to cast ballots for volunteer fire chief 2006-10 Informal PDF PDF-ICON
Filling three vacancies on board of fire commissioners 2008-01 Informal PDF PDF-ICON
Fire commissioners not authorized to impose fines for false alarms 1999-10 Informal PDF PDF-ICON
Fire Island National Seashore - fire district's legal obligation to provide fire protection to national seashore 2003-12 Informal PDF PDF-ICON
Residency requirements for employees 1997-06 Informal PDF PDF-ICON
Village mayor may not be a commissioner of a joint fire district established by the village 2004-06 Informal PDF PDF-ICON
Fire Marshall
Subject Title Opinion Summary Type
May be created by local law 1995-23 Informal PDF PDF-ICON
Fire Regulations
Subject Title Opinion Summary Type
Fire Alarms - school district authorized to enter contract with municipality or fire company for emergency false alarm system, which apportions costs of false alarms 1997-26 Informal PDF PDF-ICON
Uniform Fire Code - Education Department administers code regarding school building 1998-01 Informal PDF PDF-ICON
Uniform Fire Code - Municipality may establish fire lanes between private buildings 1996-48 Informal PDF PDF-ICON
Firearms
Subject Title Opinion Summary Type
Authorized fee for a firearms license amendment is for each amendment 2005-07 Informal PDF PDF-ICON
Municipality may prohibit employee from possession while on duty 1999-25 Informal PDF PDF-ICON
New York does not recognize out-of-state licenses 1997-F4 Formal PDF PDF-ICON
Newburgh City marshals may not carry pistols in New York City without special permit 1998-40 Informal PDF PDF-ICON
Fireworks
Subject Title Opinion Summary Type
Authority to issue permits for the private display of fireworks 2010-01 Informal PDF PDF-ICON
Fireworks display permit may not be issued to wedding party. 2007-03 Informal PDF PDF-ICON
Proper authority to issue a permit for public fireworks display under Penal Law § 405.00 2004-F7 Formal PDF PDF-ICON
Town may not require applicant for fireworks display permit to also obtain noise permit. 2007-03 Informal PDF PDF-ICON
Town's authority to regulate permit process 2011-08 Informal PDF PDF-ICON
Floods
Subject Title Opinion Summary Type
Town may form a flood disaster department 1996-04 Informal PDF PDF-ICON
Forfeiture
Subject Title Opinion Summary Type
As a remedy for local law violations 2004-14 Informal PDF PDF-ICON
Funerals and Cemeteries
Subject Title Opinion Summary Type
Authority of cemetery to require unconditional payment for merchandise that is "delivered" in relation to pre-payment agreements 2001-F1 Formal PDF PDF-ICON
Gambling
Subject Title Opinion Summary Type
Bingo - electronic computer aid may be used to assist in playing of bingo 1999-F2 Formal PDF PDF-ICON
Real estate sales program considered gambling 1996-F1 Formal PDF PDF-ICON
Gasoline
Subject Title Opinion Summary Type
Methyl tertiary butyl ether (MTBE) - Agriculture and Markets Law § 192-g does not prohibit the transporting of gasoline containing MTBE through New York 2003-F4 Formal PDF PDF-ICON
Gifts and Loans
Subject Title Opinion Summary Type
City may not reimburse a member of legislative body for litigation expenses incurred in unsuccessful law suit against legislative body 2002-04 Informal PDF PDF-ICON
Donations to city alderman to pay legal expenses as reportable gifts 2005-10 Informal PDF PDF-ICON
Town's contribution to dam reconstruction project may be permissible expenditure of public funds 2002-17 Informal PDF PDF-ICON
Village may exchange one parking field for another so long as there is a public benefit providing fair and adequate consideration 1999-18 Informal PDF PDF-ICON
Whether county may finance acquisition of property for the development of affordable housing where some of the property will be used for non-residential purposes 2003-14 Informal PDF PDF-ICON
Hearing Officers
Subject Title Opinion Summary Type
Assistance in the adjudication of building code violations by hearing officer must be authorized by State law 2003-18 Informal PDF PDF-ICON
Highway Superintendent
Subject Title Opinion Summary Type
Residency of deputy superintendent and superintendent of highways 2000-05 Informal PDF PDF-ICON
Highways
Subject Title Opinion Summary Type
City may establish 15 m.p.h speed limit only on highway passing school building 1999-15 Informal PDF PDF-ICON
Discussion of county's duty with respect to trees within right of way 2011-05 Informal PDF PDF-ICON
Discussion of designating municipal highways for ATV use 2005-21 Informal PDF PDF-ICON
Highway by use is determined by the actual extent of use 1995-31 Informal PDF PDF-ICON
Regulation of speed bumps on local highways 2003-15 Informal PDF PDF-ICON
Seasonal limited use highway 1995-03 Informal PDF PDF-ICON
Transfer of control and supervision of village road to county 2003-02 Informal PDF PDF-ICON
Vehicle and Traffic Law authorizes villages and cities to set aside parking spaces for officials and others having business in governmental offices 1997-33 Informal PDF PDF-ICON
Highways by Use
Subject Title Opinion Summary Type
Must be open for general use by public and continuously maintained by municipality. Width of highway by use determined by actual use. 1999-19 Informal PDF PDF-ICON
Home Investments Partnership Program
Subject Title Opinion Summary Type
Governor may authorize Housing Trust Fund Corporation to administer 1996-F3 Formal PDF PDF-ICON
Housing Authority
Subject Title Opinion Summary Type
Board may not pay one of its employees to conduct disciplinary hearing if statutory limit on total compensation will be exceeded 1998-31 Informal PDF PDF-ICON
City cannot modify residency requirement for housing authority established by State Legislature 2011-01 Informal PDF PDF-ICON
City manager is authorized to make appointments to city housing authority 1995-18 Informal PDF PDF-ICON
Immigrants
Subject Title Opinion Summary Type
Ability of Department of Labor to enforce wage payment laws on behalf of undocumented immigrants 2003-F3 Formal PDF PDF-ICON
Immigration
Subject Title Opinion Summary Type
Authority of New York State and local officers to make arrests without warrants for violations of law 2000-01 Informal PDF PDF-ICON
Improvement Districts
Subject Title Opinion Summary Type
county district board members may not be paid $50 flat fee in lieu of reimbursement of expenses 2003-05 Informal PDF PDF-ICON
sewer districts; county board of supervisors retains significant control over district after its formation jurisdiction 2003-05 Informal PDF PDF-ICON
Special districts; water districts; county board of supervisors retains significant control over district after its formation jurisdiction 2003-05 Informal PDF PDF-ICON
Incorporation (Village)
Subject Title Opinion Summary Type
Whether absentee voting is authorized in an incorporation election by Village Law article 2. 2006-01 Informal PDF PDF-ICON
Indigent Allegedly Incapacitated Person
Subject Title Opinion Summary Type
County may rely on public defender 2006-09 Informal PDF PDF-ICON
Indigent Defendants
Subject Title Opinion Summary Type
County must adhere to provisions of County Law 1995-16 Informal PDF PDF-ICON
Industrial Development Agency
Subject Title Opinion Summary Type
Charter provision subjecting actions of the legislative body to approval by the executive is consistent with State law requiring that members of IDAs be appointed by the legislative body 1997-31 Informal PDF PDF-ICON
County may "opt out" of code enforcement of IDA property 1995-15 Informal PDF PDF-ICON
Director may not receive salary dependent upon fees collected on IDA projects 1998-16 Informal PDF PDF-ICON
May not create subsidiary 2014-F1 Formal PDF PDF-ICON
May not provide grants or loans from own moneys 2014-F1 Formal PDF PDF-ICON
Members serve at the pleasure of appointing authority 1996-19 Informal PDF PDF-ICON
Term of office - act of State Legislature necessary to establish term of office for members 1996-19 Informal PDF PDF-ICON
Inmates
Subject Title Opinion Summary Type
Inmate labor may be used to remove graffiti on public not private property 1998-27 Informal PDF PDF-ICON
Insurance
Subject Title Opinion Summary Type
Fees imposed for the payment of premiums by credit card are prohibited by statute 2006-F2 Formal PDF PDF-ICON
Whether directors of OTB Corporation may receive health benefits 2008-03 Informal PDF PDF-ICON
Judge, City Court
Subject Title Opinion Summary Type
Appointment by mayor of member of common council, subject to common council confirmation 2009-02 Informal PDF PDF-ICON
Judge, Court of Claims
Subject Title Opinion Summary Type
May not serve as members of Commission on Uniform State Laws 2002-F2 Formal PDF PDF-ICON
Justice Court Act
Subject Title Opinion Summary Type
Town is not authorized to amend Uniform Justice Court Act to retain a portion of fines imposed for violations of village local laws 1997-34 Informal PDF PDF-ICON
Juvenile Curfew
Subject Title Opinion Summary Type
A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew 2005-13 Informal PDF PDF-ICON
Land Bank
Subject Title Opinion Summary Type
Land bank as governmental entity for purposes of Article 14 of Real Property Law 2014-05 Informal PDF PDF-ICON
Law Enforcement
Subject Title Opinion Summary Type
Municipal cooperation - city provision of law enforcement for school district 1997-13 Informal PDF PDF-ICON
Reverse sale law enforcement legal 1996-F10 Formal PDF PDF-ICON
Statutory authority for join provision of police services in two towns in contiguous counties. 2006-11 Informal PDF PDF-ICON
Town may not provide greater police protection to a village within the town than to other town resident 1995-43 Informal PDF PDF-ICON
Legal Fees
Subject Title Opinion Summary Type
City may not reimburse a member of legislative body for litigation expenses incurred in unsuccessful law suit against legislative body 2002-04 Informal PDF PDF-ICON
Defense and indemnification - town may not reimburse town supervisor for legal costs incurred unsuccessfully defending criminal charges 2003-16 Informal PDF PDF-ICON
Donations to city alderman to pay legal expenses as reportable gifts. 2005-10 Informal PDF PDF-ICON
town may not reimburse town employees for legal costs incurred when employees were called to assist in investigation and prosecution against town supervisor 2003-16 Informal PDF PDF-ICON
Legal Services
Subject Title Opinion Summary Type
County attorney not authorized to represent official in defamation action 1997-20 Informal PDF PDF-ICON
Standards for preparation of contracts by real estate brokers 1996-F11 Formal PDF PDF-ICON
Library, Public
Subject Title Opinion Summary Type
amending city charter provisions relating to 2012-04 Informal PDF PDF-ICON
Dissolution and transfer of property to free library association 2000-F5 Formal PDF PDF-ICON
Licenses
Subject Title Opinion Summary Type
Authorized fee for a firearms license amendment is for each amendment 2005-07 Informal PDF PDF-ICON
Firearms - New York does not recognize out-of-state licenses 1997-F4 Formal PDF PDF-ICON
Licenses that may be issued by Liquor Authority upon the tie vote on 'local option" in town 2004-F1 Formal PDF PDF-ICON
LILCO
Subject Title Opinion Summary Type
Municipality in the service area may not condemn the transmission and distribution system of LILCO or LIPA 1998-13 Informal PDF PDF-ICON
Liquor Authority
Subject Title Opinion Summary Type
Licenses that may be issued by Liquor Authority upon the tie vote on 'local option" in town 2004-F1 Formal PDF PDF-ICON
Local Laws
Subject Title Opinion Summary Type
A local law requiring a super-majority to pass certain types of resolutions is subject to a mandatory referendum. 2007-05 Informal PDF PDF-ICON
Authority to adopt local law to relating to reproductive alteration of shelter animals 2014-06 Informal PDF PDF-ICON
Bias-related incidents - county may enact local law requiring reporting of bias-related incidents 1996-05 Informal PDF PDF-ICON
Boats - regulation of size and horsepower of boats is not within local authority 1997-29 Informal PDF PDF-ICON
City cannot modify residency requirement for housing authority established by State Legislature 2011-01 Informal PDF PDF-ICON
City council may not modify terms established by State Legislature 1998-21 Informal PDF PDF-ICON
County by local law may require that notice of defect be given to clerk 2000-18 Informal PDF PDF-ICON
County may amend Mental Hygiene Law to modify membership of community services board 1998-19 Informal PDF PDF-ICON
County may enact a local law authorizing it to obtain criminal history records of individuals providing personal care services through county department of health 2002-12 Informal PDF PDF-ICON
County may form food service certification program 1996-41 Informal PDF PDF-ICON
County may not enact a local law requiring criminal history checks of employees of private nursing homes 2002-12 Informal PDF PDF-ICON
County may not enact local laws that conflict with tax payment certificate requirements of Real Property Law § 334 2004-03 Informal PDF PDF-ICON
County may supersede publication requirements 1997-12 Informal PDF PDF-ICON
Defense and indemnification - prospective local law may authorize defense in proceeding before Division of Human Rights 1997-24 Informal PDF PDF-ICON
Enforcement - municipality may only enforce penalty provisions utilizing the Criminal Procedure Law 1999-22 Informal PDF PDF-ICON
Fire marshall may be created by local law 1995-23 Informal PDF PDF-ICON
Floods town may form a flood disaster department 1996-04 Informal PDF PDF-ICON
Helmets: In absence of village local law regarding helmet usage, county local law applies in village and is enforcable subject to county's and village's discretion 2002-13 Informal PDF PDF-ICON
Helmets: Village may enact local law regarding helmet usage that conflicts with county local law 2002-13 Informal PDF PDF-ICON
Imposition of charges on property owners for false emergency alarms not preempted by State law 1996-22 Informal PDF PDF-ICON
Limitation on the number of consecutive terms 1995-29 Informal PDF PDF-ICON
Local government may not alter procedure for enactment of local laws 1998-37 Informal PDF PDF-ICON
Local law authorizing town board to appoint deputy collector of taxes upon failure of collector to make appointment is subject to mandatory referendum 1998-32 Informal PDF PDF-ICON
Local law curtailing power of appointment of city mayor subject to mandatory referendum 1996-18 Informal PDF PDF-ICON
Local law limiting jurisdiction of zoning board of appeals is consistent with state law 2004-01 Informal PDF PDF-ICON
Local law limiting jurisdiction of zoning board of appeals is consistent with state law 2004-04 Informal PDF PDF-ICON
Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law 2014-02 Informal PDF PDF-ICON
Local law requiring tow truck operator to tow to tow yard within municipality does not violate General Municipal Law § 80 2008-09 Informal PDF PDF-ICON
Local laws enacted under supersession authority remain valid despite subsequent State law amendments 1999-06 Informal PDF PDF-ICON
May not prohibit award of municipal contracts to persons who have made political contributions to town officials 1995-46 Informal PDF PDF-ICON
Municipalities may establish list of approved tow truck operators, license operators and prohibit cruising for tows 1997-37 Informal PDF PDF-ICON
Municipality preempted from prohibiting driver of motor vehicle from holding and using mobile phone 2001-01 Informal PDF PDF-ICON
Noise Regulations - school district not subject to noise regulations in performing building construction 1999-20 Informal PDF PDF-ICON
Non-charter county may not adopt local law authorizing count legislature to appoint local director of community services. 2011-F1 Formal PDF PDF-ICON
Operative date may precede effective date occurring when law filed with Secretary of State 1999-12 Informal PDF PDF-ICON
Police commissioners - town board may amend Town Law to establish five member board of police commissioners 1997-18 Informal PDF PDF-ICON
Preemption - county local law does not preempt town local law 1997-03 Informal PDF PDF-ICON
Probation - county may not enact local legislation permitting fees for probation services except as specifically authorized by statute 2003-04 Informal PDF PDF-ICON
Residency requirements - city may not enact a local law expanding residency requirements of city court judge to county 2002-06 Informal PDF PDF-ICON
State law does not preempt "teen party host" local law. 2006-02 Informal PDF PDF-ICON
State law does not preempt "teen party host" local law. 2006-02 Informal PDF PDF-ICON
Term limits - operative date of law may apply term limits to officers elected at same time referendum authorizing term limits is on ballot 1999-12 Informal PDF PDF-ICON
Town board may amend Town Law to establish five member board of police commissioners 1997-18 Informal PDF PDF-ICON
Town board may reduce term of supervisor from four to two years subject to mandatory referendum 1995-50 Informal PDF PDF-ICON
Town may enact a local law prohibiting use of old mobile homes 2002-02 Informal PDF PDF-ICON
Town may regulate excavation and regulation of land, establish fees reasonably related to cost of regulations 1999-43 Informal PDF PDF-ICON
Village board of trustees may transfer authority to discipline police officers from board of trustees to villaqe manager 1995-55 Informal PDF PDF-ICON
Village by local law may modify disciplinary procedure from board of trustees to village manager 1998-07 Informal PDF PDF-ICON
Village may enact local law regarding helmet usage that conflicts with county local law 2002-13 Informal PDF PDF-ICON
Village may sell property if owner fails to reimburse the village for costs to demolish or clean up 1998-35 Informal PDF PDF-ICON
Water activities/Boats - Town may regulate water activities enumerated in the Navigation Law and Town Law in waters within a village but more than 1500 feet from the village shore 2004-05 Informal PDF PDF-ICON
Water activities/Boats - Town regulation of water activities not governed by state statutes is not effective in waters within geographic boundaries of village 2004-05 Informal PDF PDF-ICON
Local Option
Subject Title Opinion Summary Type
Licenses that may be issued by Liquor Authority upon the tie vote on 'local option" in town 2004-F1 Formal PDF PDF-ICON
Long Island Power Authority
Subject Title Opinion Summary Type
Legality of financial sponsorships and charitable contributions by LIPA 2007-F4 Formal PDF PDF-ICON
LIPA employees may receive "bonuses" as part of an incentive compensation plan 2007-F4 Formal PDF PDF-ICON
Municipality may not establish public utility within its service area 1999-27 Informal PDF PDF-ICON
Lottery
Subject Title Opinion Summary Type
Quick Draw - interpretation of language providing for expiration of statutory authorization for quick draw 2001-F2 Formal PDF PDF-ICON
Mailbox
Subject Title Opinion Summary Type
Municipality not liable for damage to mailbox in highway right-of-way caused by non-negligent snow removal 1999-01 Informal PDF PDF-ICON
Mandatory Referendum
Subject Title Opinion Summary Type
A local law requiring a super-majority to pass certain types of resolutions is subject to a mandatory referendum. 2007-05 Informal PDF PDF-ICON
Local law abolishing village police department subject to mandatory referendum 2005-09 Informal PDF PDF-ICON
Transfer of power under city charter 1995-08 Informal PDF PDF-ICON
Marshals
Subject Title Opinion Summary Type
Newburgh City marshals may execute process of City Court within Orange County 1998-40 Informal PDF PDF-ICON
Matrimonial Records and Subpoenas
Subject Title Opinion Summary Type
Subpoena signed by Clerk of Appellate Division insufficient to supplant requirement for court order before disclosing matrimonial records 2002-20 Informal PDF PDF-ICON
Medicaid
Subject Title Opinion Summary Type
Payment of Medicare Part B premiums for persons whose income equals or exceeds 120% of poverty line 1998-F4 Formal PDF PDF-ICON
Medical Examiner
Subject Title Opinion Summary Type
Availability of autopsy reports 1996-42 Informal PDF PDF-ICON
Metropolitan Transportation Authority, Permanent Citizens Advisory Committee
Subject Title Opinion Summary Type
May not apply for direct funding from state agencies 2014-F2 Formal PDF PDF-ICON
May not seek federal designation as tax-exempt organization 2014-F2 Formal PDF PDF-ICON
May not solicit donations from public 2014-F2 Formal PDF PDF-ICON
Military Duty
Subject Title Opinion Summary Type
Voluntary attendance at funerals of retired military personnel and veterans by non-active military reservist does not constitute "military duty" under Military Law §§ 242 or 243 2003-07 Informal PDF PDF-ICON
Mobile Home Parks
Subject Title Opinion Summary Type
Site plan regulation not preempted by State law 1996-30 Informal PDF PDF-ICON
Mobile Homes
Subject Title Opinion Summary Type
Town may enact local law prohibiting use of old mobile homes for storage 2002-02 Informal PDF PDF-ICON
Mortgage Recording
Subject Title Opinion Summary Type
Obligation of county clerks to record mortgage filed by MERS as the mortgagee where MERS has no legal interest in the mortgage 2001-02 Informal PDF PDF-ICON
Recording discharge of a mortgage 2005-02 Informal PDF PDF-ICON
Mortgages
Subject Title Opinion Summary Type
20 year limit on priority of liens for credit line mortgages not applicable to reverse mortgages 1996-F4 Formal PDF PDF-ICON
Motor Vehicles
Subject Title Opinion Summary Type
Collision damage waiver coverage 1997-F2 Formal PDF PDF-ICON
Dealer plates - dealer plates may only be used for purposes related to sale or demonstration of a vehicle, not to transport customers or pick up parts 1997-27 Informal PDF PDF-ICON
Local governments with authority to regulate parking may permit parking closer to intersection than otherwise permitted under Vehicle and Traffic Law § 1202(a)(2)(b), (c) 2005-03 Informal PDF PDF-ICON
Local law requiring tow truck operator to tow to tow yard within municipality does not violate General Municipal Law § 80 2008-09 Informal PDF PDF-ICON
Municipalities may establish list of approved tow truck truck operators, license operators and prohibit cruising for tows 1997-37 Informal PDF PDF-ICON
Parking inspector's authority to ticket vehicles- re: expired inspection or registration 1997-08 Informal PDF PDF-ICON
Parking inspector's authority to ticket vehicles- re: expired inspection or registration 1997-08 Informal PDF PDF-ICON
Vehicle and Traffic Law authorizes villages and cities to set aside parking spaces for officials and others having business in governmental offices 1997-33 Informal PDF PDF-ICON
Village may enforce local law providing for impoundment of motor vehicles parked in violation of 24-hour parking limitation where due process standards met 2003-09 Informal PDF PDF-ICON
MTA, Permanent Citizens Advisory Committee
Subject Title Opinion Summary Type
May not apply for direct funding from state agencies 2014-F2 Formal PDF PDF-ICON
May not seek federal designation as tax-exempt organization 2014-F2 Formal PDF PDF-ICON
May not solicit donations from public 2014-F2 Formal PDF PDF-ICON
Municipal Cooperation
Subject Title Opinion Summary Type
Intermunicipal agreement for certifying master plumbers is authorized 1996-44 Informal PDF PDF-ICON
Police services 1997-13 Informal PDF PDF-ICON
Statutory authority for join provision of police services in two towns in contiguous counties. 2006-11 Informal PDF PDF-ICON
Town may not provide greater police protection to village within town than to other residents of town through agreement with village 1995-43 Informal PDF PDF-ICON
Municipal Home Rule Law
Subject Title Opinion Summary Type
Local government may not alter procedure for enactment of local laws 1998-37 Informal PDF PDF-ICON
Municipal Housing Authority
Subject Title Opinion Summary Type
Board may not pay one of its employees to conduct disciplinary hearing if statutory limit on total compensation will be exceeded 1998-31 Informal PDF PDF-ICON
May not use tropical hardwoods 1995-44 Informal PDF PDF-ICON
Only one municipal officer may be member of board 1999-24 Informal PDF PDF-ICON
Museums
Subject Title Opinion Summary Type
Display of per se illegal knives unlawful, unless knives appropriately disabled 2004-02 Informal PDF PDF-ICON
Mutual Aid Agreement
Subject Title Opinion Summary Type
County may enter into mutual aid agreement with county from another state 1995-47 Informal PDF PDF-ICON
Procedure 1998-53 Informal PDF PDF-ICON
National Conference of Commissioners on Uniform State Laws
Subject Title Opinion Summary Type
Court of Claims judge may not serve as a member of 2002-F2 Formal PDF PDF-ICON
National Seashore
Subject Title Opinion Summary Type
Fire Island National Seashore - fire district's legal obligation to provide fire protection to national seashore 2003-12 Informal PDF PDF-ICON
Native Americans
Subject Title Opinion Summary Type
Prohibition on ultimate combat may be enforced on reservation 1997-39 Informal PDF PDF-ICON
Navigation
Subject Title Opinion Summary Type
State law needs to authorize regulation of size of boats and horsepower on specific lakes 1997-29 Informal PDF PDF-ICON
Town may regulate water activities enumerated in the Navigation Law and Town Law in waters within a village but more than 1500 feet from the village shore 2004-05 Informal PDF PDF-ICON
Town regulation of water activities not governed by state statutes is not effective in waters within geographic boundaries of village 2004-05 Informal PDF PDF-ICON
Noise Regulations
Subject Title Opinion Summary Type
School district not subject to noise regulations in performing building construction 1999-20 Informal PDF PDF-ICON
Not-For-Profit Status
Subject Title Opinion Summary Type
Childcare center located at State facility would not jeopardize its not-for-profit status by charging dual rates 2002-F1 Formal PDF PDF-ICON
Notice of Defects
Subject Title Opinion Summary Type
County by local law may require that notice of defect in highways and sidewalks be given to clerk 2000-18 Informal PDF PDF-ICON
Nursing Homes
Subject Title Opinion Summary Type
Power of attorney - Nursing home may not condition admission on granting power of attorney 1997-17 Informal PDF PDF-ICON
Occupational Training
Subject Title Opinion Summary Type
Crime victims award - general business start-up or enhancement costs not available as vocational rehabilitation services; self-employment as reasonable objective 2002-F3 Formal PDF PDF-ICON
Off-Track Betting
Subject Title Opinion Summary Type
OTB corporation may not conduct harness race meeting 1999-F1 Formal PDF PDF-ICON
Whether directors of OTB Corporation may receive health benefits 2008-03 Informal PDF PDF-ICON
Zoning and planning - applicability of land use regulations to OTB facilities 2003-10 Informal PDF PDF-ICON
Zoning and planning - village's authority to prohibit OTB facilities in all zoning districts 2003-10 Informal PDF PDF-ICON
Open Meetings Law
Subject Title Opinion Summary Type
City charter provision providing for public comment at city council meetings does not conflict with Open Meetings Law, but goes beyond what they law requires 2004-09 Informal PDF PDF-ICON
Prohibiting disclosure of matters discussed in executive session 2000-02 Informal PDF PDF-ICON
Prosecution of a suit to enforce the Open Meetings Law, is not within the scope of a city council member's official duties 2002-04 Informal PDF PDF-ICON
Paper Streets
Subject Title Opinion Summary Type
Town and village assessor or board of assessors must approve certificate of abandonment filed with county clerk 1996-25 Informal PDF PDF-ICON
Parking
Subject Title Opinion Summary Type
Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility 2005-15 Informal PDF PDF-ICON
Limitation on location of parking restricted to users of a government facility 2006-06 Informal PDF PDF-ICON
Local governments with authority to regulate parking may permit parking closer to intersection than otherwise permitted under Vehicle and Traffic Law § 1202(a)(2)(b), (c) 2005-03 Informal PDF PDF-ICON
Parking Meters
Subject Title Opinion Summary Type
Village may use parking meters for use of village owned docks 2000-21 Informal PDF PDF-ICON
Parkland
Subject Title Opinion Summary Type
Construction of public library on parkland 2009-01 Informal PDF PDF-ICON
Dedication by participation in Greater Catskills Flood Remediation Program 2011-07 Informal PDF PDF-ICON
Dedication of land 1996-37 Informal PDF PDF-ICON
Limited and selective cutting of timber permitted to preserve park and enhance its use 2000-03 Informal PDF PDF-ICON
Logging on municipal parkland 2012-F1 Formal PDF PDF-ICON
Whether transfer of parkland from county to town requires alienation legislation 2008-11 Informal PDF PDF-ICON
Parks
Subject Title Opinion Summary Type
County may dedicate land in front of county office building as Korean War Veteran Memorial Park 1995-54 Informal PDF PDF-ICON
Land acquired under Park and Recreation Land the Acquisition Program of 1960 may be used solely for public park and related purposes 1995-52 Informal PDF PDF-ICON
Land dedicated as park may not be alienated without legislative approval 1997-10 Informal PDF PDF-ICON
Peace Officers
Subject Title Opinion Summary Type
Authority of peace officer to detain or arrest person against whom an arrest warrant is outstanding 2007-08 Informal PDF PDF-ICON
Authority of village park rangers to issue tickets for violations of Vehicle and Traffic Law 2012-07 Informal PDF PDF-ICON
Interpretation of federal law prohibiting persons with domestic violence convictions from possessing firearms 1998-F8 Formal PDF PDF-ICON
Town harbor masters may exercise peace officer duties in enforcement of Environmental Conservation Law as authorized by their employer 1995-39 Informal PDF PDF-ICON
Troy City Uniform Court Officers may acquire peace officer status only after amendment of section 2.10 of the Criminal Procedure Law 1999-13 Informal PDF PDF-ICON
Permanent Citizens Advisory Committee to the MTA
Subject Title Opinion Summary Type
May not apply for direct funding from state agencies 2014-F2 Formal PDF PDF-ICON
May not seek federal designation as tax-exempt organization 2014-F2 Formal PDF PDF-ICON
May not solicit donations from public 2014-F2 Formal PDF PDF-ICON
Personal Property
Subject Title Opinion Summary Type
Seized property - government's treatment of property seized in criminal investigation but no longer needed for criminal proceedings 2003-17 Informal PDF PDF-ICON
Petition
Subject Title Opinion Summary Type
Filing of petition in accordance with Town Law § 81 requires submission of proposition to voters despite lack of prior action by town board on matter 2002-18 Informal PDF PDF-ICON
Pilots
Subject Title Opinion Summary Type
Board of Commissioners of Pilots may suspend or revoke license for actions not taken under the license 1995-F2 Formal PDF PDF-ICON
Plumbers and Plumbing
Subject Title Opinion Summary Type
Form of publication of local rules 2002-10 Informal PDF PDF-ICON
Intermunicipal agreement for certifying master plumbers authorized 1996-44 Informal PDF PDF-ICON
Plumbing inspections by building inspector 2002-10 Informal PDF PDF-ICON
Police Chief
Subject Title Opinion Summary Type
A village police department must have a chief of police 2012-08 Informal PDF PDF-ICON
Authority for chief of police to carry handgun and to wear a uniform and badge 2003-01 Informal PDF PDF-ICON
Employment contract for extended term 2004-08 Informal PDF PDF-ICON
Police Department
Subject Title Opinion Summary Type
A village police department must have a chief of police 2012-08 Informal PDF PDF-ICON
Local law abolishing village police department subject to mandatory referendum 2005-09 Informal PDF PDF-ICON
Police Officers
Subject Title Opinion Summary Type
Eligibility of off-duty officers injured while working security for city-owned recreation center for General Municipal Law § 207-c benefits 2003-11 Informal PDF PDF-ICON
Geographical area of employment 2011-04 Informal PDF PDF-ICON
Municipal cooperation - law enforcement by city for school district 1997-13 Informal PDF PDF-ICON
Procedure for mutual aid 1998-53 Informal PDF PDF-ICON
Sheriffs and deputy sheriffs are subject to Election Law restrictions on campaign activity by police officers 1998-57 Informal PDF PDF-ICON
Term of office - municipality unauthorized to establish term of office for position in competitive civil service 1995-48 Informal PDF PDF-ICON
Town board may amend Town Law to establish five member board of police commissioners 1997-18 Informal PDF PDF-ICON
Training - New York City detective or racketeer investigators 1997-F5 Formal PDF PDF-ICON
Trustees must enact local law to authorize permissive referendum to abolish police department 1998-36 Informal PDF PDF-ICON
Westchester County - village by local law may modify disciplinary procedure 1998-07 Informal PDF PDF-ICON
Police Power
Subject Title Opinion Summary Type
Town may regulate excavation and regulation of land, establish fees reasonably related to cost of regulations 1999-43 Informal PDF PDF-ICON
Police Vehicles
Subject Title Opinion Summary Type
Display of red or white flashing lights (CUNY) 2000-F4 Formal PDF PDF-ICON
Village Constables Vehicles operated by village constables as police vehicles 2005-06 Informal PDF PDF-ICON
Political Contributions
Subject Title Opinion Summary Type
Police officers are restricted by Election law 1999-35 Informal PDF PDF-ICON
Subject of disclosure of political contributions preempted by State law 1998-03 Informal PDF PDF-ICON
Power of Attorney
Subject Title Opinion Summary Type
Fire and emergency medical service alarms - school district and employers of fire departments and emergency medical services may contract for installation and maintenance of alarms which includes the cost of false alarms 1997-26 Informal PDF PDF-ICON
Nursing home may not condition admission on granting power of attorney 1997-17 Informal PDF PDF-ICON
Preemption
Subject Title Opinion Summary Type
County local law does not preempt town local law 1997-03 Informal PDF PDF-ICON
General Business Law sections 46 and 48 preempt local laws 2012-03 Informal PDF PDF-ICON
Local laws county may not enact local legislation permitting fees for probation services except as specifically authorized by statute 2003-04 Informal PDF PDF-ICON
State law does not preempt "teen party host" local law. 2006-02 Informal PDF PDF-ICON
The state has preempted the field of parental criminal liability and thus a city may not enact a juvenile curfew law by which parents would be criminally liable for curfew violations by a child 2005-13 Informal PDF PDF-ICON
Whether investigation and enforcement of New York's prevailing wage law is preempted by ERISA 1998-F7 Formal PDF PDF-ICON
Prescriptions
Subject Title Opinion Summary Type
Prescriptions written by residents and interns may be filled at any licensed pharmacy 1995-F7 Formal PDF PDF-ICON
Prevailing Wage Law
Subject Title Opinion Summary Type
Application to charter schools 2000-F3 Formal PDF PDF-ICON
Whether investigation and enforcement of New York's prevailing wage law is preempted by ERISA 1998-F7 Formal PDF PDF-ICON
Prisoners
Subject Title Opinion Summary Type
Inmate labor may be used to remove graffiti on public not private property 1998-27 Informal PDF PDF-ICON
Private Industry Council
Subject Title Opinion Summary Type
Not required to file disclosure statements 1995-17 Informal PDF PDF-ICON
Private Streets
Subject Title Opinion Summary Type
Village may not maintain private streets but may establish standards for maintenance by private owners 1999-17 Informal PDF PDF-ICON
Probation
Subject Title Opinion Summary Type
Local Laws - county may not enact local legislation permitting fees for probation services except as specifically authorized by statute 2003-04 Informal PDF PDF-ICON
Public Authorities
Subject Title Opinion Summary Type
Compensation of board members - health insurance benefits 2007-F1 Formal PDF PDF-ICON
Disposition of property - easement 2006-F4 Formal PDF PDF-ICON
Disposition of real property - discussion of exceptions to public bidding and fair market value requirements 2007-F2 Formal PDF PDF-ICON
Public Defender
Subject Title Opinion Summary Type
County may rely upon for representation of indigent allegedly incapacitated persons 2006-09 Informal PDF PDF-ICON
Public Funds
Subject Title Opinion Summary Type
Sheriff may not appear in public service announcements funded with mandatory surcharge moneys 2008-06 Informal PDF PDF-ICON
Public Office or Trust
Subject Title Opinion Summary Type
Member of Commission on Uniform State Laws 2002-F2 Formal PDF PDF-ICON
Public Officers
Subject Title Opinion Summary Type
Board member's absence without good cause from three consecutive meetings may be removed by Governor 1998-F5 Formal PDF PDF-ICON
City board of ethics member is public officer 2008-05 Informal PDF PDF-ICON
City court judge local law may not establish the county as required residency 2002-06 Informal PDF PDF-ICON
Clerk of town justice court need not be a citizen 1997-48 Informal PDF PDF-ICON
Code of ethics may include gift provision more stringent than State law 1999-16 Informal PDF PDF-ICON
Defense and indemnification - Section 18 of Public Officers Law does not authorize representation before Commission on Judicial Conduct 1996-36 Informal PDF PDF-ICON
Ethics code may prohibit county officer from holding a political party office 2007-07 Informal PDF PDF-ICON
Ethics code may prohibit county officer from holding a political party office 1997-50 Informal PDF PDF-ICON
Independent Living Council members are independent contractors not entitled to defense and indemnification under Public Officers Law § 17 1997-F11 Formal PDF PDF-ICON
Independent Living Council members are officers subject to Public Officers Law and quorum and voting requirements; not entitled to defense and indemnification 1997-F11 Formal PDF PDF-ICON
Members of Advisory Conservation Board are not public officers 1995-04 Informal PDF PDF-ICON
Recusal - public officer should recuse where her son may be called as witness 1999-21 Informal PDF PDF-ICON
Residency - temporary residence outside village does not affect office of village justice 1999-37 Informal PDF PDF-ICON
Residency - town attorney 1997-11 Informal PDF PDF-ICON
Residency - town court civil enforcement officers subject to local residency requirement 2006-07 Informal PDF PDF-ICON
residency - village may expand permitted residency for appointive officers, including acting village justice 1998-18 Informal PDF PDF-ICON
Residency building inspector subject to residency requirements of Public Officers Law 1995-40 Informal PDF PDF-ICON
Residency members of municipal housing authority 1995-19 Informal PDF PDF-ICON
Resignations - procedure for school district officers 1997-01 Informal PDF PDF-ICON
Term of Office - increase of term of town supervisor 2000-05 Informal PDF PDF-ICON
Terms - limitation on the number of consecutive terms 1995-29 Informal PDF PDF-ICON
Terms - may not be different than that established in county charter 1995-37 Informal PDF PDF-ICON
Terms - no statutory limit for school district library trustee 1998-10 Informal PDF PDF-ICON
Terms - town board may reduce term of supervisor from four to two years by local law subject to mandatory referendum 1995-50 Informal PDF PDF-ICON
Terms: change in county legislator's terms not reapportionment 1997-16 Informal PDF PDF-ICON
Terms: director of mental hygiene term may be fixed 1996-13 Informal PDF PDF-ICON
Vacancies - elected district attorney serves for full term 1995-30 Informal PDF PDF-ICON
Vacancies - impasse in filling vacancy on board 1998-09 Informal PDF PDF-ICON
Vacancies - mayor fills without confirmation of village board 1995-26 Informal PDF PDF-ICON
Vacancies - Public Officers Law section 30 - misdemeanor violating oath of office 1997-F7 Formal PDF PDF-ICON
Vacancies - school board member vacates office through conviction of off-duty crime of petit larceny 1999-03 Informal PDF PDF-ICON
Vacancies - vacancy in office of city mayor occurring on August 1st must be filled at the current year's election 1996-34 Informal PDF PDF-ICON
Public Trust Doctrine
Subject Title Opinion Summary Type
Construction of public library on parkland 2009-01 Informal PDF PDF-ICON
Dedication by participation in Greater Catskills Flood Remediation Program 2011-07 Informal PDF PDF-ICON
Limited and selective cutting of timber permitted to preserve park and enhance its use 2000-03 Informal PDF PDF-ICON
Whether transfer of parkland from county to town requires alienation legislation 2008-11 Informal PDF PDF-ICON
Public Utility Service
Subject Title Opinion Summary Type
Acquisition of land or facilities is pursuant to Eminent Domain Procedure Law 1999-44 Informal PDF PDF-ICON
Quick Draw
Subject Title Opinion Summary Type
Interpretation of language providing for expiration of statutory authorization for quick draw 2001-F2 Formal PDF PDF-ICON
Quorum and Voting Requirements
Subject Title Opinion Summary Type
Filling three vacancies on board of fire commissioners 2008-01 Informal PDF PDF-ICON
General Construction Law governs provisions of city charter regarding quorum and voting requirements; non-voting absent council members are not considered to have cast votes 2001-06 Informal PDF PDF-ICON
Love Canal Revitalization Agency 1998-10 Informal PDF PDF-ICON
Nassau Health Care Corporation 2011-03 Informal PDF PDF-ICON
Quorum and voting requirements for the New York State Independent Living Council 2008-F1 Formal PDF PDF-ICON
Racing and Wagering Board
Subject Title Opinion Summary Type
Post-surcharge breakage 1996-F7 Formal PDF PDF-ICON
Real Estate Brokers
Subject Title Opinion Summary Type
Standards for preparation of contracts by real estate brokers 1996-F11 Formal PDF PDF-ICON
Real Property
Subject Title Opinion Summary Type
County clerk - must accept for recording any instrument properly acknowledged and executed 1997-15 Informal PDF PDF-ICON
County treasurer - duty to provide tax payment certificate under Real Property Law § 334 2004-03 Informal PDF PDF-ICON
Deeds - reference to tax map acceptable for recording purposes 1996-38 Informal PDF PDF-ICON
Issuance of permits cannot be conditioned on payment of taxes 1996-45 Informal PDF PDF-ICON
Mortgages - 20 year limit on priority of liens for credit lines mortgages not applicable to reverse mortgages 1996-F4 Formal PDF PDF-ICON
Municipality - may not require additional language in deed 1996-49 Informal PDF PDF-ICON
Real property disposals by public authorities - discussion of exceptions to public bidding and fair market value requirements 2007-F2 Formal PDF PDF-ICON
Signature of attorney-in-fact on deed 1998-48 Informal PDF PDF-ICON
Taxation - Procedure for transition from three to one elective assessor 1998-20 Informal PDF PDF-ICON
Real Property Disclosure Statement
Subject Title Opinion Summary Type
Land bank as governmental entity for purposes of Article 14 of Real Property Law 2014-05 Informal PDF PDF-ICON
Reapportionment
Subject Title Opinion Summary Type
County: change in legislator's terms not reapportionment 1997-16 Informal PDF PDF-ICON
Receiver of Taxes
Subject Title Opinion Summary Type
Town may abolish position 2002-03 Informal PDF PDF-ICON
Recording Officer
Subject Title Opinion Summary Type
May correct an obvious clerical error and remove erroneously recorded documents from record 1995-45 Informal PDF PDF-ICON
May not mark a mortgage as discharged when presented with certificate of satisfaction signed by other than mortgagee or last assignee of record, but may record certificate. 2005-02 Informal PDF PDF-ICON
Records
Subject Title Opinion Summary Type
Honorable discharge certificate filed with county clerk becomes sealed at veteran=s request 2004-11 Informal PDF PDF-ICON
Indexing requirements - unless explicit statutory opportunity to be heard requirement is present, indexing requirements of SAPA section 307(3)(a) will not be triggered 1995-F8 Formal PDF PDF-ICON
Recusal
Subject Title Opinion Summary Type
County legislative body may consider frequency of recusals when appointing local official to county planning board 2003-03 Informal PDF PDF-ICON
Public officer should recuse where her son may be called as witness 1999-21 Informal PDF PDF-ICON
Town planning board member who serves on county planning board does not need to recuse him or herself from matters referred back to town planning board from county planning board 2003-03 Informal PDF PDF-ICON
Referendum
Subject Title Opinion Summary Type
County charter could provide additional referendum requirements 1999-04 Informal PDF PDF-ICON
Local law abolishing village police department subject to mandatory referendum 2005-09 Informal PDF PDF-ICON
Mandatory referendum necessary if establishment of county administrator transfers powers of elected officer 1995-11 Informal PDF PDF-ICON
Mandatory referendum required if power of appointment of city mayor curtailed 1996-18 Informal PDF PDF-ICON
May not be conducted in re: conveyance of easement by improvement district 1997-42 Informal PDF PDF-ICON
Must be authorized by State law 1998-05 Informal PDF PDF-ICON
Proposition for dissolution of village subject to referendum 1995-23 Informal PDF PDF-ICON
Referendum required for city charter amendment providing for preliminary, unbounded public comment at city council meetings 2004-09 Informal PDF PDF-ICON
Residents may not petition for referendum unless authorized by State Legislature 1999-32 Informal PDF PDF-ICON
State enacted county charter provisions may include referendum requirements 1999-09 Informal PDF PDF-ICON
Rehabilitative Training
Subject Title Opinion Summary Type
Crime victims award - general business start-up or enhancement costs not available as vocational rehabilitation services; self-employment as reasonable objective 2002-F3 Formal PDF PDF-ICON
Rental Vehicles
Subject Title Opinion Summary Type
Collision damage waiver coverage 1997-F2 Formal PDF PDF-ICON
Residency
Subject Title Opinion Summary Type
Members of municipal housing authority 1995-19 Informal PDF PDF-ICON
Temporary residence outside village does not affect office of village justice 1999-37 Informal PDF PDF-ICON
Village may expand permitted residency for appointive officers, including acting village justice 1998-18 Informal PDF PDF-ICON
Residency Requirements
Subject Title Opinion Summary Type
City cannot modify residency requirement for housing authority established by State Legislature 2011-01 Informal PDF PDF-ICON
City court judge - local may not establish the county as required residency 2002-06 Informal PDF PDF-ICON
City firefighters 2007-10 Informal PDF PDF-ICON
City police officers 2008-10 Informal PDF PDF-ICON
Fire Districts - requirements for employees 1997-06 Informal PDF PDF-ICON
Superintendent and deputy superintendent of highways 2000-05 Informal PDF PDF-ICON
Town attorney 1997-11 Informal PDF PDF-ICON
Town court civil enforcement officers 2006-07 Informal PDF PDF-ICON
Town may establish State of New York as residency 1995-05 Informal PDF PDF-ICON
Village building inspector village may enact resolution allowing building inspector to reside anywhere in county 1995-40 Informal PDF PDF-ICON
Residents and Interns
Subject Title Opinion Summary Type
Membership of SUNY hospital residents and interns in public employee retirement systems or programs. 2004-F2 Formal PDF PDF-ICON
Prescriptions written by residents and interns may be filled at any licensed pharmacy 1995-F7 Formal PDF PDF-ICON
Resignations
Subject Title Opinion Summary Type
School district officers - procedure for resignation 1997-01 Informal PDF PDF-ICON
Town supervisor becomes effective upon delivery to town clerk 1996-26 Informal PDF PDF-ICON
Restaurants and Grocery Stores
Subject Title Opinion Summary Type
County may form food service certification program 1996-41 Informal PDF PDF-ICON
River Regulating Districts
Subject Title Opinion Summary Type
Regulation of public fireworks display on District property 2004-F7 Formal PDF PDF-ICON
School Crossing Guard
Subject Title Opinion Summary Type
authority to control traffic at street intersection 2013-03 Informal PDF PDF-ICON
School Districts
Subject Title Opinion Summary Type
Central high school district members of board who also serve as members of constituent districts may vote regarding proposed sale of property to a constituent district 1997-30 Informal PDF PDF-ICON
City supervisor is not a "city office" within the meaning of Education Law provision prohibiting members of city school boards from holding a city office 2005-16 Informal PDF PDF-ICON
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. 2007-02 Informal PDF PDF-ICON
Fire and emergency medical service alarms - school district and employers of fire departments and emergency medical services may contract for installation and maintenance of alarms which includes the cost of false alarms 1997-26 Informal PDF PDF-ICON
Noise Regulations - school district not subject to noise regulations in performing building construction 1999-20 Informal PDF PDF-ICON
Plans and specifications for school building facilities that are potential air contamination sources subject to review by Department of Environmental Conservation, not the county 1999-05 Informal PDF PDF-ICON
Sale of surplus property - subdivision regulations apply to sale of surplus school district property 1996-46 Informal PDF PDF-ICON
School district employee who is non-active military reservist not entitled to leave under Military Law §§ 242 or 243 to voluntarily attend funerals of retired military personnel or veteran 2003-07 Informal PDF PDF-ICON
The Education Law does not limit the number of terms that may be served by trustees of school district libraries. 1998-10 Informal PDF PDF-ICON
Village may not remove itself from district 1997-25 Informal PDF PDF-ICON
Security Deposit
Subject Title Opinion Summary Type
Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law 2014-02 Informal PDF PDF-ICON
Seized Property
Subject Title Opinion Summary Type
Personal property - government's treatment of property seized in criminal investigation but no longer needed for criminal proceedings 2003-17 Informal PDF PDF-ICON
Sewage Works Corporation
Subject Title Opinion Summary Type
May not organize as a limited liability company 1998-47 Informal PDF PDF-ICON
Sewerage Facilities
Subject Title Opinion Summary Type
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. 1998-08 Informal PDF PDF-ICON
Each sewage-works corporation must petition for sewer rate that is directly related to cost of operation and maintenance 1995-49 Informal PDF PDF-ICON
Sheriff
Subject Title Opinion Summary Type
Eviction procedure 1995-25 Informal PDF PDF-ICON
Sheriff may not appear in public service announcements funded with mandatory surcharge moneys 2008-06 Informal PDF PDF-ICON
Sheriffs and deputy sheriffs are subject to Election Law restrictions on campaign activity by police officers 1998-57 Informal PDF PDF-ICON
Snow Removal
Subject Title Opinion Summary Type
Municipality not liable for damage to mailbox in highway right-of-way caused by non-negligent snow removal 1999-01 Informal PDF PDF-ICON
Snowmobiles
Subject Title Opinion Summary Type
Municipality may not require permit involving fees for use of snowmobiles on public highways and lands 2000-16 Informal PDF PDF-ICON
Special Elections
Subject Title Opinion Summary Type
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy. 2005-19 Informal PDF PDF-ICON
Speed Bumps
Subject Title Opinion Summary Type
Installation of speed bumps on town highways is not prohibited by State law, but is regulated as a highway design feature 2003-15 Informal PDF PDF-ICON
Speed Limits
Subject Title Opinion Summary Type
Authority of town to regulate speed on highway built pursuant to special legislation 2006-08 Informal PDF PDF-ICON
Schools - Presence of college not basis for establishing 15 m.p.h. limit 2000-12 Informal PDF PDF-ICON
State & Local Employees Retirement System
Subject Title Opinion Summary Type
Membership of SUNY hospital residents and interns 2004-F2 Formal PDF PDF-ICON
Subpoena
Subject Title Opinion Summary Type
City's authority to issue subpoenas 2007-09 Informal PDF PDF-ICON
Supersession
Subject Title Opinion Summary Type
Town board may supersede Town Law regarding alternate members of zoning board of assessment 1999-36 Informal PDF PDF-ICON
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy. 2005-19 Informal PDF PDF-ICON
Supersession Authority
Subject Title Opinion Summary Type
Local laws enacted under supersession authority remain valid despite subsequent State law amendments 1999-06 Informal PDF PDF-ICON
Supreme Court Justice
Subject Title Opinion Summary Type
Person may assume office if he meets qualifications within 30 days of start of term 1998-F6 Formal PDF PDF-ICON
Sweepstakes
Subject Title Opinion Summary Type
No authority for DEC to have a sweepstakes in relation to promoting "The Conservationist" 1995-F3 Formal PDF PDF-ICON
Tax Collector
Subject Title Opinion Summary Type
Procedure for abolition of position 1997-23 Informal PDF PDF-ICON
Taxation
Subject Title Opinion Summary Type
Real property taxation - issuance of permits cannot be conditioned on payment of taxes 1996-45 Informal PDF PDF-ICON
State law authority for state Comptroller to access secret tax information 2004-13 Informal PDF PDF-ICON
Taxicabs
Subject Title Opinion Summary Type
May charge different fares at different times of day if fares are conspicuously posted 2002-05 Informal PDF PDF-ICON
Vans used as taxicabs may be regulated 1996-39 Informal PDF PDF-ICON
Term Limits
Subject Title Opinion Summary Type
A village may limit the number of terms the members of the planning board and the zoning board of appeals may serve. 2007-01 Informal PDF PDF-ICON
Operative date of law may apply term limits to officers elected at same time referendum authorizing term limits is on ballot 1999-12 Informal PDF PDF-ICON
Where term of office of council members changes from four to two years upon adoption of the ward system of election, effect of pre-existing local term limits law depends on intent of local legislative body in adopting that law 2004-12 Informal PDF PDF-ICON
Terms of Office
Subject Title Opinion Summary Type
Authority of county board of supervisors to enact local law creating for position of county manager term of office longer than that of majority of supervisors. 2005-04 Informal PDF PDF-ICON
County attorney’s term when county legislators serve staggered four-year terms 2014-03 Informal PDF PDF-ICON
Effect of town's optional change of classification on terms of town supervisor, town clerk and town highway superintendent. 2007-04 Informal PDF PDF-ICON
Increase of town supervisor to four years where he serves on board of supervisors 2000-06 Informal PDF PDF-ICON
Increasing term of town supervisor who does not serve on county board of supervisors 2008-08 Informal PDF PDF-ICON
No statutory limit for school district library trustees 1998-10 Informal PDF PDF-ICON
Terms of office of council members in Town of Brookhaven become two years upon adoption of the ward system of election, notwithstanding prior state law that governed classification of town from second to first class town 2004-12 Informal PDF PDF-ICON
Tobacco
Subject Title Opinion Summary Type
Preemption - Public Health Law § 1399-bb preempts local law banning distribution of free promotional samples of tobacco products 2002-15 Informal PDF PDF-ICON
Residency 1997-11 Informal PDF PDF-ICON
Tow Trucks
Subject Title Opinion Summary Type
Local law requiring tow truck operator to tow to tow yard within municipality does not violate General Municipal Law § 80 2008-09 Informal PDF PDF-ICON
Municipalities may establish list of approved tow truck operators, license operators and prohibit cruising for tows 1997-37 Informal PDF PDF-ICON
Town Attorney
Subject Title Opinion Summary Type
May not represent town judge in a grievance proceeding before the Commission on Judicial Conduct 1996-36 Informal PDF PDF-ICON
Residency 1997-11 Informal PDF PDF-ICON
Town Boards
Subject Title Opinion Summary Type
May appoint two court clerks, one for each justice 1995-56 Informal PDF PDF-ICON
May establish official letterhead and control its use 1996-47 Informal PDF PDF-ICON
May establish special planning board to review and determine only site plans within a proposed planned development district 2012-01 Informal PDF PDF-ICON
Member may resign and be appointed to fill vacancy in position of town zoning enforcement officer 1996-03 Informal PDF PDF-ICON
Petition - Filing a petition in accordance with Town Law § 81 requires submission of proposition to voters despite lack of prior action by town board on matter 2002-18 Informal PDF PDF-ICON
Town Boundaries
Subject Title Opinion Summary Type
Judicial decision defining town boundaries and town annexation proceeding does not affect fire district boundaries 2002-14 Informal PDF PDF-ICON
Town Classification
Subject Title Opinion Summary Type
Effect of town's optional change of classification on terms of town supervisor, town clerk and town highway superintendent. 2007-04 Informal PDF PDF-ICON
Town Consolidation
Subject Title Opinion Summary Type
Town board must submit proposition to electors; no authorization for a petition 1998-46 Informal PDF PDF-ICON
Town Harbor Masters
Subject Title Opinion Summary Type
May exercise peace officer duties in enforcement of Environmental Conservation Law as authorized by their employer 1995-39 Informal PDF PDF-ICON
Town Justice
Subject Title Opinion Summary Type
Establishment of office commencing on January 1 after election 1997-55 Informal PDF PDF-ICON
filling vacant town justice position left off ballot 2013-04 Informal PDF PDF-ICON
May not be represented by town attorney at a grievance proceeding before the Commission on Judicial Conduct 1996-36 Informal PDF PDF-ICON
Third town justice to be elected at general town election 1996-14 Informal PDF PDF-ICON
Town board may appoint clerk for each town justice 1995-56 Informal PDF PDF-ICON
Town Supervisor
Subject Title Opinion Summary Type
Appointment of deputy supervisor 1998-42 Informal PDF PDF-ICON
Increase of term to four years where he serves on board of supervisors 2000-06 Informal PDF PDF-ICON
Increasing term of town supervisor who does not serve on county board of supervisors 2008-08 Informal PDF PDF-ICON
Resignation becomes effective upon delivery to town clerk 1995-26 Informal PDF PDF-ICON
Town board may reduce term from four to two years by local law 1995-50 Informal PDF PDF-ICON
Ultimate Combat
Subject Title Opinion Summary Type
State prohibition may be enforced on Indian reservation 1997-39 Informal PDF PDF-ICON
Underwater lands
Subject Title Opinion Summary Type
Rights of town as owner of underwater lands where water activities are subject to village regulatory control 2005-11 Informal PDF PDF-ICON
Uniform Justice Court Act
Subject Title Opinion Summary Type
Town is not authorized to amend Uniform Justice Court Act to retain a portion of fines imposed for violations of village local laws 1997-34 Informal PDF PDF-ICON
Uniform State Laws, Commission
Subject Title Opinion Summary Type
Court of Claims judge may not serve as members of 2002-F2 Formal PDF PDF-ICON
Unsafe Buildings
Subject Title Opinion Summary Type
Village may sell property if owner fails to reimburse the village for costs to demolish or clean up 1998-35 Informal PDF PDF-ICON
Unsolicited deliveries
Subject Title Opinion Summary Type
Discussion of delivery of unsolicited print materials 2008-04 Informal PDF PDF-ICON
Urban Renewal Agency
Subject Title Opinion Summary Type
City council may not modify terms established by State Legislature 1998-21 Informal PDF PDF-ICON
Vacancy
Subject Title Opinion Summary Type
Board member absent without cause without good cause from three consecutive meetings may be removed by Governor 1998-F5 Formal PDF PDF-ICON
District attorney elected to fill vacancy serves for full term 1995-30 Informal PDF PDF-ICON
Filling three vacancies on board of fire commissioners 2008-01 Informal PDF PDF-ICON
filling vacant town justice position left off ballot 2013-04 Informal PDF PDF-ICON
Governor may proclaim special election under Public Officers Law § 42(3) where tie vote at general election results in failure to elect someone to assume office 2004-07 Informal PDF PDF-ICON
Impasse in filling a vacancy on board 1998-09 Informal PDF PDF-ICON
Mayor fills without confirmation by village board 1995-26 Informal PDF PDF-ICON
School board member vacates office through conviction of off-duty crime of petit larceny 1999-03 Informal PDF PDF-ICON
Town board member may resign and be appointed to fill vacancy in position of zoning enforcement officer 1996-03 Informal PDF PDF-ICON
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy. 2005-19 Informal PDF PDF-ICON
Vacancy following tie vote at general election arises by virtue of expiration of term 2004-07 Informal PDF PDF-ICON
Vehicle and Traffic Law
Subject Title Opinion Summary Type
Abandoned vehicles - Where impounded vehicles are not treated as "abandoned," Vehicle and Traffic Law § 1224 does not preempt local impoundment law 2003-09 Informal PDF PDF-ICON
Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility 2005-15 Informal PDF PDF-ICON
Authority of town to regulate speed on highway built pursuant to special legislation 2006-08 Informal PDF PDF-ICON
Authorizes villages and cities to set aside parking spaces for officials and others having business in governmental offices 1997-33 Informal PDF PDF-ICON
City may establish 15 m.p.h speed limit only on highway passing school building 1999-15 Informal PDF PDF-ICON
Civil penalties owed to Department of Motor Vehicles dischargeable in Chapter 13 bankruptcy 1998-F10 Formal PDF PDF-ICON
Color of lights on police vehicles 2003-F2 Formal PDF PDF-ICON
Dealer plates may only be used for purposes related to sale or demonstration of a vehicle, not to transport customers 1997-27 Informal PDF PDF-ICON
Designating municipal highways for ATV use under VTL § 2405 2005-21 Informal PDF PDF-ICON
Fire marhshall's vehicle may have lights and siren 1995-23 Informal PDF PDF-ICON
Impounding vehicles - Local law providing for impoundment of illegally parked motor vehicles may be authorized 2003-09 Informal PDF PDF-ICON
Limitation on location of parking restricted to users of a government facility under VTL § 1640(a)(22) 2006-06 Informal PDF PDF-ICON
Local governments with authority to regulate parking may permit parking closer to intersection than otherwise permitted under Vehicle and Traffic Law § 1202(a)(2)(b), (c) 2005-03 Informal PDF PDF-ICON
Mobile home park town may establish 25 m.p.h. speed limit if road is open to public 1998-25 Informal PDF PDF-ICON
Municipality preempted from prohibiting driver of motor vehicle from holding and using mobile phone 2001-01 Informal PDF PDF-ICON
No authority for local law banning use of truck engine compression brakes 1999-29 Informal PDF PDF-ICON
Safety standards - A village lacks authority to regulate safety equipment on commercial vehicles 2004-10 Informal PDF PDF-ICON
Town may not erect stop signs on private roads of mobile home park 1998-28 Informal PDF PDF-ICON
Truck regulation - A village has only limited authority to exclude heavy trucks from village highways 2004-10 Informal PDF PDF-ICON
Village may not maintain private streets but may establish standards for maintenance by private owners 1999-17 Informal PDF PDF-ICON
Veterans
Subject Title Opinion Summary Type
Authority to file honorable discharge certificate with county clerk and to direct that record be sealed 2004-11 Informal PDF PDF-ICON
Video Surveillance Cameras
Subject Title Opinion Summary Type
Legality of 1997-47 Informal PDF PDF-ICON
Village Boards of Trustees
Subject Title Opinion Summary Type
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. 1998-07 Informal PDF PDF-ICON
Delegation of authority to single trustee 1998-08 Informal PDF PDF-ICON
Local laws may transfer authority to discipline police officers from board of trustees to village manager 1995-55 Informal PDF PDF-ICON
Village Boundaries
Subject Title Opinion Summary Type
Exclusive procedure in Village Law § 18-804 1999-11 Informal PDF PDF-ICON
Property benefited by fire protection may not be excluded 1998-52 Informal PDF PDF-ICON
Requirements for exclusion of taxpayer's property from village boundaries 1995-42 Informal PDF PDF-ICON
Village Election
Subject Title Opinion Summary Type
Terms of officers extended by change in date of election 2000-19 Informal PDF PDF-ICON
Village may regain conduct of elections after transferring conduct of elections to county board of elections 2002-19 Informal PDF PDF-ICON
Village Incorporation
Subject Title Opinion Summary Type
Whether absentee voting is authorized in an incorporation election by Village Law article 2. 2006-01 Informal PDF PDF-ICON
Village Mayor
Subject Title Opinion Summary Type
Appointment powers - may appoint single member of board of trustees to be village police commissioner 1995-36 Informal PDF PDF-ICON
Village Name
Subject Title Opinion Summary Type
Procedure for changing 1997-02 Informal PDF PDF-ICON
Village Police Commissioner
Subject Title Opinion Summary Type
Single member of board of trustees may be appointed by village mayor to be commissioner of police department 1995-36 Informal PDF PDF-ICON
Village Police Department
Subject Title Opinion Summary Type
A village police department must have a chief of police 2012-08 Informal PDF PDF-ICON
Local law abolishing village police department subject to mandatory referendum 2005-09 Informal PDF PDF-ICON
Trustees must enact local law to authorize a permissive referendum to abolish police department 1998-36 Informal PDF PDF-ICON
Village Trustee
Subject Title Opinion Summary Type
Ability to direct village clerk with respect to minutes of meetings of board of trustees 2005-01 Informal PDF PDF-ICON
Volunteer Firefighters
Subject Title Opinion Summary Type
Commissioners may require that volunteer firefighters have high school diplomas or undergo State certified training 2000-04 Informal PDF PDF-ICON
Temporarily berthing boat at marina as "residence" for purposes of General Municipal Law § 209-i(1-a) 2008-07 Informal PDF PDF-ICON
Voter Registration
Subject Title Opinion Summary Type
City University of New York is not a designated agency for purposes of voter registration activities is not required to but may participate in voter registration program beyond distribution of forms 1995-F9 Formal PDF PDF-ICON
Water
Subject Title Opinion Summary Type
Village may terminate supplying water to outside residents upon reasonable notice 1999-31 Informal PDF PDF-ICON
Water Board
Subject Title Opinion Summary Type
City's authority to alter provisions governing state-created water board. 2007-06 Informal PDF PDF-ICON
Water Supply Laws
Subject Title Opinion Summary Type
Authority of town to regulate speed on highway built pursuant to special legislation 2006-08 Informal PDF PDF-ICON
Weapons
Subject Title Opinion Summary Type
Knives - display for cultural/historical purposes 2004-02 Informal PDF PDF-ICON
Weighted Voting
Subject Title Opinion Summary Type
Joint village and town planning board may employ weighted voting 1998-54 Informal PDF PDF-ICON
Workers' Compensation
Subject Title Opinion Summary Type
Employers may not inquire into the filing of claims 1995-F5 Formal PDF PDF-ICON
Reform proposals - Board may education and inform public 1996-F8 Formal PDF PDF-ICON
Zoning and Planning
Subject Title Opinion Summary Type
A village may limit the number of terms the members of the planning board and the zoning board of appeals may serve. 2007-01 Informal PDF PDF-ICON
Board of appeals - establishing attendance requirements and procedure for removal 1997-51 Informal PDF PDF-ICON
Board of Appeals - law governing terms and commencement date 2012-02 Informal PDF PDF-ICON
County planning department - assignment of review of referred proposed actions 2011-06 Informal PDF PDF-ICON
Human service agency (e.g., soup kitchens, drug treatment, etc.) - Planning commission appointment by the mayor 1995-13 Informal PDF PDF-ICON
Joint village and town planning board may employ weighted voting 1998-54 Informal PDF PDF-ICON
May establish special planning board to review and determine only site plans within a proposed planned development district 2012-01 Informal PDF PDF-ICON
Off-Track Betting - applicability of land use regulations to OTB facilities 2003-10 Informal PDF PDF-ICON
Off-track betting - village's authority to prohibit OTB facilities in all zoning districts 2003-10 Informal PDF PDF-ICON
Penalties - discussion of permissible penalties for village zoning laws 2004-14 Informal PDF PDF-ICON
Penalties - Supersession authority to eliminate of possibility of incarceration upon conviction of a local zoning code violation. 2005-18 Informal PDF PDF-ICON
Planning board - establishing attendance requirements and procedure for removal 1997-51 Informal PDF PDF-ICON
Preemption - Preemption of regulation of placement and operation of certain human services agencies 1997-F6 Formal PDF PDF-ICON
Regulations may not distinguish between apartments used by relatives and non-relatives 1996-11 Informal PDF PDF-ICON
Subdivision approval - maps to be filed with subdivisions must be prepared by licensed land surveyors, not engineers 1997-28 Informal PDF PDF-ICON
Town board may supersede Town Law regarding alternate members of zoning board of assessment 1999-36 Informal PDF PDF-ICON
Town may not condition site plan approval upon provision of transportation to residents of planned retirement community 1998-15 Informal PDF PDF-ICON
Transition under revised Village Law - re: membership on zoning board of appeals and planning board 1998-41 Informal PDF PDF-ICON
When property located in two towns, each town regulation regarding grazing of animals must be complied with 1998-56 Informal PDF PDF-ICON
Zoning board of appeals - town may not limit appellate jurisdiction consistent with state law 2004-01 Informal PDF PDF-ICON
Zoning board of appeals - town may not limit appellate jurisdiction consistent with state law 2004-04 Informal PDF PDF-ICON
Zoning board of appeals local law may provide for seven member board 1995-20 Informal PDF PDF-ICON
Zoning deals with land use rather than the person who owns land 1996-11 Informal PDF PDF-ICON
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