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2001-01 |
There is a substantial possibility that a municipality lacks the authority to pass a local law prohibiting a driver from holding and using a hand-held mobile phone while operating a motor vehicle on roads within the County.
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NY CONST, ART IX, §§ 2, 2(c); MUNICIPAL HOME RULE LAW §§ 10(1)(i), (ii)(a)(12); VEHICLE AND TRAFFIC LAW §§ 300, 375 (24), (24-a), 1212, 1226, 1600, 1604, 1650 |
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2001-02 |
County Clerks have no obligation to record Mortgage Electronic Recording Systems (MERS) as the mortgagee of record where MERS is not the actual mortgagee. Doing so (1) violates the terms of N.Y. Real Property Law § 316, and (2) tends to frustrate the legislative intent of the Real Property Law's recording provisions.
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REAL PROPERTY LAW, ART 9, §§ 290(3), 291, 316
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2001-03 |
There is a substantial possibility that E-SIGN does not preempt Article 9 of the RPL or otherwise obligate county recording officers to accept for recordation a filing that contains only an electronic signature but lacks what you term an "original signature."
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E-SIGN §§ 101(a)(1), (b)(2), (c)(1) and (e); 103, 104, 106; GENERAL CONSTRUCTION LAW § 46; REAL PROPERTY LAW, ART. 9, § 291; STATE TECH. LAW §§ 104(2), 107(3); 106 P.L. 229
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2001-04 |
Neither a society for the prevention of cruelty to animals nor its agents or officers is authorized to issue appearance tickets, summon, or arrest a person for violating any of the provisions of article 26 of the Agriculture and Markets Law, or to seize lost, stolen, strayed, homeless, abandoned or improperly confined animals as set forth in section 373 of the Agriculture and Markets Law, within an adjacent county that is served by its own duly incorporated society. |
AGRICULTURE AND MARKETS LAW, ART. 26, §§ 371, 373; CRIMINAL PROCEDURE LAW §§ 2.10(7), 150.20; NOT-FOR-PROFIT CORPORATION LAW § 1403(a)(1) |
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2001-05 |
One person may hold the positions of dispatcher in the County Department of Emergency Response as well as a member of the Dutchess County Fire and Safety Advisory Board. A dispatcher may also serve as a volunteer firefighter.
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COUNTY LAW § 225-a; L. 1957 CH. 348
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2001-06 |
The General Construction Law governs the provisions of the Oneonta City Charter regarding quorum and voting requirements. Non-voting absent council members are not considered as having cast votes against a provision so as to create a tie vote that would permit the mayor to break the tie. |
GENERAL CONSTRUCTION LAW §§ 41, 110 |
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2001-F1 |
When there is a pre-need agreement for the sale of funeral and burial merchandise, such as concrete grave liners, section 453 of the General Business Law prohibits constructive delivery of the merchandise upon transfer of consideration to the seller. Under section 453, the payment continues to belong to the consumer and must be held in trust and be repaid with interest on demand of the consumer any time prior to actual delivery of the merchandise upon or after the death of the person for whom it has been purchased. |
GENERAL BUSINESS LAW § 453; UNIFORM COMMERCIAL CODE, ART. 2, § 2-102; L. 1993, CH. 529; L. 1954, CH. 359 |
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2001-F2 |
The provisions of the Tax Law extended by Laws 2001, ch. 118, part NN, pertaining to the Quick Draw Lottery, remain in effect through midnight, October 15, 2001, at which time (and not before) they expire and are repealed.
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GENERAL CONSTRUCTION LAW §§ 19, 110; MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK, STATUTES, §§ 42, 235; L. 2001, CH. 118 |
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