Appeals & Opinions - Numerical Index

2002
Opinion Summary Abstract Related Statues
2002-01 A county may authorize the use of all-terrain vehicles on County-owned reforested lands held for public use and may authorize construction of a trail system on such lands, provided that such use is consistent with forest and wildlife conservation and watershed protection, but may not grant a private organization of all-terrain vehicle owners exclusive use of the trail system. Download 2002-01
2002-02 A town may regulate the use of old mobile homes as fixed-based storage facilities pursuant to section 130(16) of the Town Law, but it may not enact a local law that uniformly prohibits such structures without satisfying the statute's procedural safeguards regarding removal and repair of unsafe buildings and structures. Download 2002-02
2002-03 The Town of Riverhead may abolish the position of receiver of taxes using the provisions set forth in Town Law § 36(1). Download 2002-03
2002-04 A governmental subdivision may not, consistent with the "gift or loan" prohibition (N.Y. Const., Art. VIII, § 1), reimburse an individual member of a legislative body for litigation expenses incurred in an unsuccessful lawsuit initiated by that member under the Open Meetings Law, when commencement of such a suit is not part of the member's official duties. Download 2002-04
2002-05 Taxicab operators may charge different fares at different times of day so long as those fares and the conditions under which they apply are conspicuously posted. Download 2002-05
2002-06 A judge of a city court is required to be a resident of the city in which he or she is elected or appointed. Download 2002-06
2002-07 The position of Senior Typist in the City Building Department is incompatible with membership on the City Zoning Board of Appeals where the Typist's supervisor's duties are subject to review by the Zoning Board of Appeals. Download 2002-07
2002-08 A member of the Village of East Hampton's Design Review Board who is a professional architect need not resign from his position on the Board if the architectural firm in which he is a partner infrequently accepts projects over which the Board has jurisdiction. On the occasions when his firm is involved in a project requiring review by the Board, he should recuse himself from review of the project. Download 2002-08
2002-09 A member of a village Board of Trustees must avoid circumstances which compromise his or her ability to make decisions solely in the public interest. Therefore, if a member of a village's Board of Trustees, who owns property within the Business Improvement District of the village, has a substantial, direct personal interest in the outcome of the Board of Trustees' vote on the Business Improvement District=s annual budget, recusal from participating in the Board of Trustees' deliberations and voting on the Business Improvement District's annual budget is the appropriate course of action. Download 2002-09
2002-10 A city need not include plumbing regulations in the city code to satisfy the requirement of State law that it enact or adopt a code of rules regulating the work of plumbing and drainage in that city. A building inspector may conduct plumbing inspections if the plumbing inspector is unavailable provided that the building inspector meets the qualifications for and has been properly appointed as a plumbing inspector. Download 2002-10
2002-11 One person may simultaneously hold the elected offices of commissioner of a water district and commissioner of a fire district, but must recuse himself or herself from participating in any matters relating to a contract between the districts for installation and maintenance of fire hydrants, sale of water, and testing of backflow devices. If these or other matters involving the two districts lead to frequent or substantial conflicts, recusal would not be an appropriate remedy, and the individual may not hold both positions. Download 2002-11
2002-12 A county may obtain criminal history records from the Division of Criminal Justice Services for prospective employees of a county-owned nursing home pursuant to agreement with the Division and local law. Additionally, if authorized by contract and local law, a county may either obtain the criminal history records of individuals who seek to provide personal care services through the county Department of Health or require agencies that contract with the county to provide personal care services to obtain the criminal history records of prospective employees. A county may not require privately-owned nursing homes located in the county to fingerprint and/or obtain criminal background checks of prospective employees. Download 2002-12
2002-13 A village may enact a local helmet law that conflicts with a county law. In the absence of a conflicting village law, the county law would govern. Download 2002-13
2002-14 The Cadyville Fire District has responsibility for providing fire protection to territory annexed to the Town of Plattsburgh and previously included within the Town of Saranac. Neither annexation of the territory nor, under the facts presented, an earlier judicial decision defining the towns' common boundary, affected the boundaries of the Cadyville Fire District. Download 2002-14
2002-15 Proposed local legislation that would institute a complete ban on the distribution of free promotional samples of tobacco products to any person within a county, is expressly preempted by section 1399-bb of the Public Health Law, which governs the distribution of tobacco products without charge. Download 2002-15
2002-16 The positions of confidential assistant (secretary) to the town supervisor and member of the town planning board are compatible. Download 2002-16
2002-17 A town may contribute funds to a project to reconstruct a privately-owned dam if the town credibly finds that protection of the public health would be served. Download 2002-17
2002-18 The filing of a petition on the issue whether to establish a ward system for the election of council members in the Town of North Hempstead is sufficient, assuming the petition is otherwise proper, to require the Town Board to submit the proposition to the voters under Town Law § 81. Download 2002-18
2002-19 A village may regain conduct of its elections by repealing by resolution the resolution transferring conduct of the elections to the county board of elections. Repeal of the resolution by resolution is not subject to mandatory or permissive referendum. Download 2002-19
2002-20 A subpoena issued by the Grievance Committee and signed by the Clerk of the Appellate Division does not supplant the requirement of a court order set forth in Domestic Relations Law section 235. Download 2002-20
2002-21 The positions of county treasurer and sole appointed town assessor are incompatible. The positions of county treasurer and school board member are compatible. Download 2002-21
2002-F1 Charging dual rates will not jeopardize the not-for-profit status of childcare centers located at New York State facilities under the New York Not-For-Profit Corporation Law. Our conclusion is limited to the application of the New York Not-For-Profit Corporation Law. This opinion does not address the possible ramifications of charging dual rates under other laws or regulations. Download 2002-F1
2002-F2 A sitting judge on the Court of Claims may not also serve on the New York State Commission on Uniform State Laws under New York Constitution Article VI § 20(b). Download 2002-F2
2002-F3 The terms "rehabilitative occupational training" and "employment-oriented rehabilitative services" used in the crime victims law do not include start-up costs for a business operated by a disabled crime victim or the costs of enhancing a previously-established business. Download 2002-F3
2002-F4 Public Officers Law sections 17 and 19 do not authorize reimbursement to an employee for legal fees incurred by hiring a private attorney to respond to a complaint filed with the Disciplinary Committee of the New York Supreme Court, Appellate Division, First Department. Download 2002-F4