Appeals & Opinions - Numerical Index

Appeals & Opinions - Numerical Index1999
Opinion Summary Abstract Related Statues sort descending
1999-F1 An off track betting corporation may not conduct a harness race meeting. RACING, PARI-MUTUEL WAGERING AND BREEDING LAW ART II, ART III, ART V, ART V-a, §§ 37, 38, 245, 253, 254, 302, 303, 304, 307, 318, 330, 502, 503, 516, 518, 603; L 1982, CH 865; L 1973, CH 346; L 1940, CH 254; L 1926, CH 440, §§ 1-3; L 1909, CH 40, §§ 280-82; L 1895, CH 570 Download
1999-F2 The Racing and Wagering Board may authorize the use and distribution of an electronic computer aide to assist in the play of bingo, provided that the game is played as described in the proposal. NY CONST, ART 1, § 9; 9 NYCRR §§ 5820.12 - 5820.14, 5820.15, 5820.16 - 5820.22 Download
1999-F3 A transaction in which a municipality would apply for a loan from the emergency services revolving loan account as a "surrogate" for a private fire company or ambulance service is not authorized under State Finance Law § 97-pp. COUNTY LAW § 225-a(5); STATE FINANCE LAW § 97-pp; TOWN LAW § 184(1); L 1994, CH 599 Download
1999-F4 Members of the New York State Deferred Compensation Board are in the service of the State in managing the deferred compensation plan on behalf of State employees and, therefore, are "employees" entitled to defense and indemnification under Public Officers Law § 17. ARTS AND CULTURAL AFFAIRS LAW § 55.05; GENERAL CONSTRUCTION LAW § 66; PUBLIC AUTHORITIES LAW §§ 152, 202, 552, 577, 1045-c, 1677, 1852, 2433; PUBLIC OFFICERS LAW § 17; RACING, PARI-MUTUEL WAGERING AND BREEDING LAW §§ 245, 253, 431; STATE FINANCE LAW § 5; L 1982, CH 547, § 9(b) Download
1999-F5 A cemetery corporation's exercise of its option to provide exclusive annual care of cemetery lots does not affect existing contracts between lot owners and third-party contractors. The exercise of the option does not apply to existing lot owners and does not prohibit them from entering into third-party contracts for annual care services. The exercise of this option only applies to future purchasers of lots. NOT-FOR-PROFIT CORPORATION LAW §§ 1506(1), 1506-a; L 1998, CH 548 Download
1999-01 If a property owner places his or her mailbox in the Village's highway right of way, the Village is not liable for damage to the mailbox if such damage was caused by non-negligent Village snow removal activities. The facts will determine whether a village, as a result of snow removal activities, is liable for damage to a mailbox placed in the highway right of way. VILLAGE LAW § 6-602; HIGHWAY LAW § 319 Download
1999-02 Town Law § 176-b(10) prohibits a person from becoming a member of more than one fire company, whether he or she performs firefighting or emergency and general ambulance services. A member of one company may assist another company or department in the provision of emergency and general ambulance services. TOWN LAW §§ 176, 176-b(10); GENERAL MUNICIPAL LAW § 209-i(1-a) Download
1999-03 A trustee of the Board of Education of the Hastings-on-Hudson Union Free School District vacated her office by operation of law upon her plea of guilty to the crime of petit larceny. CRIMINAL PROCEDURE LAW § 1.20(13); EDUCATION LAW § 1702(2); PENAL LAW §§ 60.27, 70.15, 80.05, 155.05(1), 155.25; PUBLIC OFFICERS LAW § 30 Download
1999-04 Under the savings clause in article IX, section 3(b) of the State Constitution, section 155 of the Nassau County Charter requires a mandatory referendum for local laws that abolish, transfer or curtail any power of an elective officer. NY CONST, ART IX, §§1(h)(2), 3(b); MUNICIPAL HOME RULE LAW §34(4); L 1937, CH618; NASSAU COUNTY CHARTER § 155 Download
1999-05 Plans and specifications for school building heating equipment and facilities are subject to review by the Department of Environmental Conservation in accordance with its jurisdiction under article 19 of the Environmental Conservation Law. Westchester County’s air quality regulations are not applicable. EDUCATION LAW §§ 408, 409; ENVIRONMENTAL CONSERVATION LAW, ART 19, §§ 19-0301, 19-0709; EXECUTIVE LAW § 379(2); 8 NYCRR § 155.2; WESTCHESTER COUNTY SANITARY CODE §§ 873.1301(4), 873.1303(1), 873.1306 Download
1999-06 Local laws enacted by a village pursuant to the supersession authority remain valid, despite subsequent State amendments to the State laws that were locally superseded, until the local laws are repealed. MUNICIPAL HOME RULE LAW § 10(1)(ii)(a) and (1)(ii)(e)(3); VILLAGE LAW §§ 7-712, 7-718 Download
1999-07 A person may serve as a member of the legislative body of a participating county and as a member of the board of directors of the Montgomery-Otsego-Schoharie Solid Waste Management Authority. Generally, he or she may exercise the statutory powers granted to both entities. EDUCATION LAW § 6306(1); GENERAL MUNICIPAL LAW §§ 553(4), 554, 555, 593, 856(4), 858; PUBLIC AUTHORITIES LAW §§ 2041-b, 2041-c, 2041-d, 2041-f, 2041-s, 2041-t; L 1987, CH 747; L 1969, CH 1030; L 1964, CH 545; L 1962, CH 921; L 1953, CH 271 Download
1999-08 The positions of village police officer and member of the village zoning board of appeals are compatible. VILLAGE LAW §§ 3-300(3), 7-712(3), 7-712-a, 7-712-b Download
1999-09 A referendum must be authorized by State law. Some county charters include referendum provisions that were authorized by State law prior to enactment of the County Charter Law. The content of a county administrative code will determine whether it should be viewed as a part of the county charter for purposes of applying provisions of the County Charter Law. NY CONST, ART IX, §§ 1(h), 3(b); MUNICIPAL HOME RULE LAW §§10, 23, 24, 33, 34(4) Download
1999-10 A Board of Fire Commissioners of a Fire District is not authorized to impose fines on property owners for the fire department's response to false alarms. MUNICIPAL HOME RULE LAW § 10(4)(b); TOWN LAW, ART 11, § 176 Download
1999-11 Village Law § 18-1804 provides the appropriate procedures to use for diminishing the boundaries of a village. VILLAGE LAW § 18-1804 Download
1999-12 The operative date of Local Law No. 4 of 1997 of the City of Middletown is valid and the Mayor, Alderman-at-Large and Aldermen took office on January 1, 1998 in accordance with the provisions of the Local Law. EDUCATION LAW § 2610(4); MUNICIPAL HOME RULE LAW §§ 23(2)(e), 27; CITY OF MIDDLETOWN LOCAL LAW NO. 4 Download
1999-13 The City of Troy should seek an amendment to section 2.10 of the Criminal Procedure Law to designate uniformed court officers of the Troy City Court as peace officers. NY CONST, ART VI, § 1(a); CRIMINAL PROCEDURE LAW § 2.10; L 1995, CH 658; L 1994, CH 466; L 1992, CH 487; L 1980, CH 843 Download
1999-14 There is no conflict of interests when a tenant who rents property from the Village Clerk-Treasurer applies for a rent subsidy through HUD, given that a county agency administers the HUD program under contract with the Village. GENERAL MUNICIPAL LAW § 806 Download
1999-15 A city may not establish a fifteen-mile-per-hour speed limit on a city street that dead-ends at the edge of school district property, but does not pass a school building. However, the city may be able to warn motorists of the presence of school children by placing a “school child” warning sign on the street. VEHICLE AND TRAFFIC LAW, ART 39, §§ 1603, 1604, 1640-1645; 17 NYCRR § 236.1 Download
1999-16 A school district may include within its code of ethics a prohibition on gifts to officers and employees of the district that is more stringent than provisions of State law. GENERAL MUNICIPAL LAW, ART 18, §§ 800, 805-a; PENAL LAW § 200.35 Download
1999-17 A village may not maintain private streets. The village may acquire the streets through dedication or eminent domain and, once acquired, expend public resources to maintain the streets. A village may require that privately owned streets be maintained by their owners in accordance with established standards. NY CONST, ART VIII, § 1; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12) VILLAGE LAW §§ 6-610, 6-612, 7-730(2)(a), 7-732 Download
1999-18 A village may sell a municipal parking field in exchange for another parcel of real property, provided the transaction promotes the public interest. NY CONST, ART VIII, § 1; VILLAGE LAW § 1-102 Download
1999-19 The public use requirement of Highway Law § 189, governing highways established by use, has been construed to necessitate a showing that a road was both open to use by the general public like any other highway and continuously maintained by public authorities. The width of a highway by use, established in accordance with Highway Law § 189, is determined by the extent of actual use and, therefore, may be less than three rods. HIGHWAY LAW § 189 Download
1999-20 A school district is not subject to the provisions of a local noise ordinance that require application for a building permit to carry on construction after 5:30 p.m. and on weekends. 8 NYCRR, Part 155, § 155.2(a) Download
1999-21 A member of the Board of Trustees of the Village/Town of Mount Kisco should recuse herself in all respects from participating in a disciplinary proceeding brought by the Mount Kisco Police Department in which her son may be called as a witness. UNCONSOLIDATED LAWS § 5711-q Download
1999-22 The Village of Atlantic Beach may not enact a local law which would permit the Village to obtain and enforce default judgments in the same manner as civil judgments against defendants for violation of Village laws if the defendants failed to answer citations within a specified time. NY CONST, ART VI, §§ 1, 17; CIVIL PRACTICE LAW AND RULES § 5016(a); CRIMINAL PROCEDURE LAW §§ 1.10, 170.10, 340.50, 420.10(6); MUNICIPAL HOME RULE LAW § 11(1)(e); PENAL LAW § 10(1); VEHICLE AND TRAFFIC LAW § 1806-a Download
1999-23 An elected trustee of a village, who is also a member of the village volunteer fire department, may be appointed as a member of the board of fire commissioners of the village volunteer fire department or as the single fire commissioner in charge of the department. TOWN LAW § 175(3); VILLAGE LAW §§ 3-300(3), 10-1006(2) Download
1999-24 Section 30(4) of the Public Housing Law permits only one municipal official to be a member of that municipality’s public housing authority. PUBLIC AUTHORITIES LAW § 1590-c; PUBLIC HOUSING LAW § 30(4) Download
1999-25 A municipality may prohibit its employees from carrying firearms while on duty. CRIMINAL PROCEDURE LAW § 2.10; PENAL LAW §§ 265.01(1), 265.20, 400.00 Download
1999-26 The positions of volunteer firefighter and counsel to a fire district are not per se incompatible. TOWN LAW § 175(3) Download
1999-27 A municipality located within the Long Island Lighting Company's former service area may not establish a public utility service to provide gas or electric power without the Long Island Power Authority's agreement. GENERAL MUNICIPAL LAW, ART 14-A, § 360; PUBLIC AUTHORITIES LAW, ART 1-A, §§ 1020-a, 1020-f, 1020-g, 1020-h Download
1999-28 A fire commissioner who is serving a term which will not expire for more than a year is not eligible to be nominated for the office of fire commissioner for a five-year term and his election under such circumstances is nugatory. A candidate who received less than a majority or plurality of the vote may not be declared the winner of an election. PUBLIC OFFICERS LAW §§ 5, 31(2); TOWN LAW, ART 11, § 176(3) Download
1999-29 A Village is not authorized to enact a local law prohibiting, except in cases of emergency, the use within the Village of truck engine compression brakes. VEHICLE AND TRAFFIC LAW, ART 9, §§ 375, 1600, 1604, 1640; 15 NYCRR §§ 41.1, 41.2, 53 Download
1999-30 The position of county director of risk management/insurance is incompatible with the position of town supervisor where the town participates in the county insurance program. Download
1999-31 Under the facts presented, a Village may terminate supplying water to outside residents upon reasonable notice. VILLAGE LAW § 11-1120 Download
1999-32 There is no authority for the residents of a village or fire district by petition to require a referendum which would determine whether the district enters into a contract authorizing the village to provide fire protection in all or part of the district. There is no authority for these residents to file a petition that would require the board of fire commissioners of the fire district to consider a contract for these services by the village. TOWN LAW, ART 11, §§ 170(1) and (4), 171(1), 172, 172-b, 172-c, 176(22) Download
1999-33 A local government may enact a local law supplementing section 18 of the Public Officers Law in relation to defense and indemnification of officers and employees. Generally, a local government may not include in the local law defense and indemnification of independent contractors. Any local law providing for defense and indemnification must be prospective in operation. GENERAL MUNICIPAL LAW § 50-j; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW § 18; 42 USC § 1983 Download
1999-34 A town police officer may serve as a village trustee even though the police department was created by an inter-municipal agreement that includes the town and villages. GENERAL MUNICIPAL LAW, ART 5-G Download
1999-35 The positions of county legislator and policeman of a city located within the county are compatible. A policeman may be a member of a county legislative caucus or a county political committee. A policeman may make political donations, but may not solicit, collect or receive political donations. COUNTY LAW § 411; ELECTION LAW § 17-110; PUBLIC OFFICERS LAW, ART 7, § 108; SECOND CLASS CITIES § 144 Download
1999-36 A town may enact a local law amending subdivision 11 of section 267 of the Town Law to expand the conditions under which alternate members of the zoning board of appeals may serve. MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1) and (d)(3), § 22; TOWN LAW § 267 Download
1999-37 A village justice's temporary residence outside the village does not affect his statutory eligibility to continue serving the village in this public office. PUBLIC OFFICERS LAW § 3(1); VILLAGE LAW § 3-300(1) Download
1999-38 The Schuyler County Legislature may not appoint one of its members to the County Planning Commission. Download
1999-39 The supervisor of a town may not also serve as the town librarian. Download
1999-40 The positions of town clerk and fire district commissioner are compatible. GENERAL CONSTRUCTION LAW § 66; PUBLIC OFFICERS LAW § 30(1)(h); TOWN LAW §§ 30, 174, 176 Download
1999-41 The governing body of a fire company or department may permit the commanding officer to accept the services of a volunteer firefighter who is a member of another company. GENERAL MUNICIPAL LAW § 209-i(1-a); TOWN LAW § 176-b(10) Download
1999-42 A member of a board of assessment review who owns property before the board for review is obligated to recuse himself from participating in board proceedings with respect to that property to preserve the validity of action taken by the board and maintain public confidence in the integrity of government. GENERAL MUNICIPAL LAW § 806(1)(a); MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1) and (4); REAL PROPERTY TAX LAW § 523 Download
1999-43 A town may regulate the excavation and reclamation of land and establish fees that are reasonably related to the cost of a regulatory program. NY CONST, ART XVI, § 1; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(9-a) and (12) Download
1999-44 A village seeking to acquire property in a town for the purposes of public utility service under article 14-A of the General Municipal Law must use the procedures set forth in the Eminent Domain Procedure Law. Section 4-412(3)(1) of the Village Law does not apply. NY CONST, ART IX, § 1(e); EMINENT DOMAIN PROCEDURE LAW § 101; GENERAL MUNICIPAL LAW, ART 14-A, §§ 360, et seq., 363; PUBLIC SERVICE LAW § 120(2); VILLAGE LAW § 4-412(3)(1) Download

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