Appeals & Opinions - Numerical Index

Appeals & Opinions - Numerical Index2000
Opinion Summary Abstract Related Statues sort descending
2000-F1 Participants in the Volunteer Lawyers Project of the Housing Court are employees within the meaning of Public Officers Law § 17 therefore are eligible to receive defense and indemnification by the State, subject to the procedural terms and conditions of the statute. PUBLIC OFFICERS LAW § 17 Download
2000-F2 The provisions of the Environmental Conservation Law, relating to enforcement of offenses under the Fish and Wildlife Law, govern the seizure of firearms used in the commission of environmental offenses defined by that Law. CRIMINAL PROCEDURE LAW, ARTICLES 11, 13, §§ 10.30, 100.10, 380.10(1); ENVIRONMENTAL CONSERVATION LAW §§ 71-0101, 71-0211, 71-0907, 71-0909, 71-0911, 71-0919, 71-0921, 71-0923; PENAL LAW ARTICLES 265, 400, §§ 10.00, 400.05; 6 NYCRR §§ 1.40, 2.30, 180.3(a); L 1972, CH 664, L 1955, CH 630; L 1907, CH 582 Download
2000-F3 Projects for the construction, renovation or repair of a building for a charter school generally will be subject to sections 220, et seq., of the Labor Law. NY CONST, ART I, § 17; EDUCATION LAW §§216, 216-a, 226, 2850, 2851, 2852, 2853, 2856; LABOR LAW §§220, 220-b; STATE FINANCE LAW §97-sss Download
2000-F4 Vehicles owned by CUNY and operated by special patrolmen on its Security and Public Safety force are "police vehicles" as defined in Vehicle and Traffic Law § 132-a. Therefore, these vehicles may display red or white flashing lights while engaged in emergency operations on CUNY property. CRIMINAL PROCEDURE LAW, ART 86, §§ 2.10(27), 2.20, 8601; EDUCATION LAW §§ 6201(1), 6202(4),6203, 6206(10), 6221(A)(1); PUBLIC OFFICERS LAW §§ 73, 73-a; VEHICLE AND TRAFFIC LAW §§ 101, 114-b, 132-a, 375(41)(2) Download
2000-F5 Although voter approval is required to abolish a public library under Education Law §268, a public library may be abolished or dissolved under sections 219 and 220 without voter approval. Furthermore, all the property of a public library may be transferred to a free association library under section 266 without voter approval. EDUCATION LAW, ART 5, §§216, 216-a, 219, 220, 253, 255, 260, 261, 266, 268; NOT-FOR-PROFIT CORPORATION LAW ART 10 Download
2000-F6 A proceeding by the New York State Banking Department pursuant to Banking Law § 595 to suspend or revoke a license of a mortgage banker or to suspend or delete the name of a mortgage broker from the mortgage broker roll on the grounds of fraudulent consumer practices or failure to maintain adequate capital, whether commenced prior or subsequent to the mortgage banker's or mortgage broker's filing for bankruptcy under the Federal Bankruptcy Code, would fall within the police or regulatory power exception to the automatic stay in 11 U.S.C. § 362(b)(4) and thus would not be stayed by a bankruptcy filing. So long as there is sufficient evidence that NYSBD's action was not taken solely because of the bankruptcy filing itself, a proceeding on these grounds would not be prohibited by 11 U.S.C. § 525. BANKING LAW, ART. 12-D, § 595; 11 U.S.C. §§ 362(a)(1), (b)(4), 525 Download
2000-01 New York State law enforcement officials may make arrests without warrants for criminal violations of the federal Immigration and Nationality Act. However, mere status as an alien, or even as an illegal alien, may only be a civil violation of the Act and thus would not be a sufficient basis for an arrest. US CONST, FOURTH AMEND; CRIMINAL PROCEDURE LAW §§1.20, 140.10, 140.25, 140.30; PENAL LAW § 10.00; 8 USC, CH 12, §§1252c, 1253(c), 1254(a)(1), 1255a, 1324(a) and (c), 1325(b). Download
2000-02 A local legislative body has statutory authority to prohibit a legislator from disclosing matters discussed in executive session. GENERAL MUNICIPAL LAW § 806; MUNICIPAL HOME RULE LAW § 10; PUBLIC OFFICERS LAW, ARTS 6, 7, §§ 87(2)(a), 105(1), 106(2) Download
2000-03 A municipality may engage in limited and selected cutting of timber on park land to preserve the land and to enhance its use by the public. Proceeds of the harvesting of timber should be used for park improvement purposes. PARKS, RECREATION AND HISTORIC PRESERVATION LAW §§ 1501, 1509 Download
2000-04 A board of fire commissioners may require that prospective volunteer members of a fire company have high school degrees or equivalency certificates. As an alternative, the board may consider requiring volunteers to undergo the state's certified training currently required only for paid firefighters. LABOR LAW ART. 7-A; TOWN LAW §§ 170, 176(11), 176-b; 19 NYCRR Part 426 Download
2000-05 A town may enact a local law providing a broader residency requirement for the positions of superintendent of highways and deputy superintendent of highways. MUNICIPAL HOME RULE LAW §§2(5), 10(1)(i) and (ii)(1)(a), 22; PUBLIC OFFICERS LAW § 3; TOWN LAW §23 Download
2000-06 Under section 24-a of the Town Law a town may, by resolution subject to mandatory referendum, increase the term of town supervisor from two to four years even where the supervisor serves as a member of the county board of supervisors. MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1); TOWN LAW § 24-a; L 1981, CH 230 Download
2000-07 Defense and indemnification of local employees pursuant to section 18 of the Public Officers Law may be adopted by a local legislative body by either resolution or local law. PUBLIC OFFICERS LAW § 18 Download
2000-08 All documents conveying an interest in real property, including those recorded by a corporation, must be acknowledged under section 309-a of the Real Property Law. With respect to documents required to be filed that are not conveyances of an interest in real property, such documents filed by corporations must be acknowledged under section 309 of the Real Property Law, and such documents filed by persons and entities other than corporations must be acknowledged under section 309-a of the Real Property Law. Documents conveying interests in real property located in the State that are acknowledged outside the State may be acknowledged either under section 309-b of the Real Property Law or using the form of acknowledgment for the jurisdiction where the document is acknowledged. DOMESTIC RELATIONS LAW § 170(6); ESTATES, POWERS AND TRUSTS LAW §13-2.2; GENERAL CONSTRUCTION LAW § 11; REAL PROPERTY LAW §§290-a, 299-a, 301-a, 309, 309-a, 309-b Download
2000-09 Under the circumstances presented, an assistant county attorney may also serve as mayor of a city located within the county. COUNTY LAW § 411 Download
2000-10 County social services department attorneys appointed by the county social services commissioner may represent their department in litigation if the county legislative body has authorized their appointment to conduct such litigation, even if they have not been deputized to do so by the county attorney. COUNTY LAW §501(1); SOCIAL SERVICES LAW §66(1); L. 1976, CH.326 Download
2000-11 An independent contractor who defends the town in real property tax certiorari proceedings should not serve as deputy supervisor. GENERAL MUNICIPAL LAW § 805-a; TOWN LAW §§ 42, 65 Download
2000-12 Colleges and universities are not "schools" within the purview of Vehicle and Traffic Law § 1620. Accordingly, a 15- mile-per-hour school speed limit may not be established on that portion of a state highway running adjacent to Hobart & William Smith Colleges in the City of Geneva. VEHICLE AND TRAFFIC LAW §§ 1620, 1643; 17 NYCRR § 212.4(a), (b) Download
2000-13 The position of district attorney is incompatible with membership on a BOCES and school board within the jurisdiction of the district attorney. COUNTY LAW §§ 411, 700(1); EDUCATION LAW §§1950, 2103 Download
2000-14 The positions of town assessor and school board member are compatible. EDUCATION LAW §§2103, 2503; REAL PROPERTY TAX LAW §§1200, et seq., and 1302(2); TOWN LAW §§20(4), 33 Download
2000-15 Nassau County may enact a local law amending its County Charter to grant zoning powers to the Village of Atlantic Beach. The local law would be a transfer of functions and therefore subject to the referendum requirements of the Constitution. N.Y. CONST., ART. III, §26(2), ART. IX. §§ 1(h)(1), 2(d), 3(b); MUNICIPAL HOME RULE LAW, ART. 4, §§ 32, 33; L. 1936, CH.879, §§2601, 2602; NASSAU COUNTY CHARTER §§ 101-103, 154 (8), 1607 Download
2000-16 A county may not implement a snowmobile permit system which involves charging fees for the use of snowmobiles on public highways and lands. PARKS, RECREATION AND HISTORIC PRESERVATION LAW, ART. 21, 25, §§25.05, 25.09, 27.17(1); VEHICLE & TRAFFIC LAW, ART. 47, §2226; 9 N.Y.C.R.R. PARTS 453-460 Download
2000-17 A town may not contract with an individual for dog control services. A town may appoint a dog control officer or enter into a contract with another municipality, an incorporated humane society or incorporated dog protection association for dog control services. AGRICULTURE AND MARKETS LAW, ART. 7, § 114 Download
2000-18 A county may, pursuant to the Municipal Home Rule Law, enact a local law requiring, as a condition of a claim against the county, that prior written notice of defects in, or snow and ice on highways, bridges and sidewalks be given to the county by providing notice to the clerk of the county board of supervisors. The local law need not be identical to that authorized under section 139(2) of the Highway Law. N.Y. CONST., ART. IX, §§ 2(b), (c), 3(d)(1); HIGHWAY LAW § 139(2); MUNICIPAL HOME RULE LAW §§ 2(5), 10(1)(ii)(a)(5) Download
2000-19 The terms of elected village officers are extended in order to effect a change in the date of the village election. ELECTION LAW, ART 9, §§ 1-104(32), § 15-104, VILLAGE LAW § 9-912; L. 1989, CH. 359 Download
2000-20 The specific duties of the positions of Fire Marshal and Fire Chief in the Village of Southampton make these positions incompatible so that the same person may not simultaneously serve in both positions. SOUTHAMPTON VILLAGE CODE §59-9 Download
2000-21 A village may use boat parking meters to collect fees for use of village-owned docks. A village may not create a traffic violations bureau to handle parking tickets issued with respect to use of its docks. CRIMINAL PROCEDURE LAW §§ 100.05 et seq., 380.10; GENERAL MUNICIPAL LAW, ART 14-B, § 370(1); VEHICLE AND TRAFFIC LAW, ART 48, §§ 510(4-a)(b), (4-c), 2256(1); VILLAGE LAW § 4-412(3)(8) Download
2000-22 In applying standards governing conflicts of interest, pending litigation against a municipal board or board members does not as a matter of law require that board members recuse themselves in a separate application by the party that commenced the lawsuit. In particular cases, however, recusal will be appropriate. Local facts and circumstances must be reviewed to determine whether board members can act impartially as to the separate application. GENERAL MUNICIPAL LAW § 806; PUBLIC OFFICERS LAW § 18; 42 USC § 1983 Download

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