Appeals & Opinions - Numerical Index

2004
Opinion Summary Abstract Related Statues
2004-01 The language of the New York State Domestic Relations Law indicates that the Legislature did not intend to authorize same-sex marriages. PDF PDF-ICON
2004-02 A municipality may not lawfully display knives designated as illegal to possess under Penal Law § 265.01(1), unless they are disabled in such a manner as to bring them outside the scope of the applicable Penal Law definitions. PDF PDF-ICON
2004-03 The county treasurer should search as far back as practical to ascertain the existence of unpaid taxes and tax liens prior to issuing the tax payment certificate pursuant to Real Property Law § 334. A county may not adopt a local law requiring that the tax payment certificate be provided by an abstract and title company or a local law permitting the county treasurer to charge a fee for providing this certificate. PDF PDF-ICON
2004-04 Town Law § 267-a(4) permits a town to pass local laws or ordinances enabling its zoning board of appeals to hear non-appellate matters, but does not authorize a town to restrict the appellate jurisdiction of its zoning board of appeals. PDF PDF-ICON
2004-05 A town may regulate the water activities enumerated in the Town Law and Navigation Law in waters within an incorporated village but more than 1500 feet from a village=s shore. A village may consent to the town regulation of these activities in waters closer than 1500. Regulation of other water activities by a town in Suffolk County pursuant to its general police powers is not effective in waters within the geographic boundaries of a village. PDF PDF-ICON
2004-06 Because the statutory scheme governing joint fire districts gives the town and village boards substantial power to affect the existence and structure of a joint fire district, the positions of village mayor and fire commissioner of a joint fire district established by that village are incompatible. PDF PDF-ICON
2004-07 A vacancy in the office of city council following a tie-vote at the general election is a vacancy created by expiration of term and, where the city has not provided for the filling of such vacancies, it may be filled by special election proclaimed by the Governor under Public Officers Law § 42(3). PDF PDF-ICON
2004-08 Although a village board is not authorized to enter a professional employment contract for a governmental service that extends beyond the life of the board, a contract that extends beyond that term, if otherwise valid, would remain in effect until disaffirmed by a successor board. PDF PDF-ICON
2004-09 A proposed amendment to the Binghamton City Charter, which would require the City Council to give every person who wished to speak at a Council meeting at least five minutes to do so before consideration of the legislative agenda, would be subject to the mandatory referendum requirement of section 23 of the Municipal Home Rule Law. PDF PDF-ICON
2004-10 A village may enact a local law excluding from village highways trucks weighing less than the maximum weight limits permitted under state law, but it may enforce such a local law and impose fines for violations thereof only with respect to conduct that does not also violate the state weight limits. A village may not enact a local law requiring the maintenance of safety equipment on commercial vehicles. PDF PDF-ICON
2004-11 Pursuant to Civil Rights Law § 79, veterans may protect the confidentiality of their honorable discharge certificates filed with a county clerk by directing that the record be sealed. Once sealed, the certificate is exempt from public inspection, except by the veteran, or a duly authorized agent or representative of the veteran or the veteran's estate. PDF PDF-ICON
2004-12 Following adoption of the ward system of election, council members in the Town of Brookhaven are subject to the two-year term of office provided for in Town Law § 85. Applicability of a previously-enacted local term limits law to the two-year terms depends on the intent of the town board in enacting that local law. PDF PDF-ICON
2004-13 The office of the State Comptroller is authorized under state law to access tax information, in the course of an audit, that is otherwise secret. PDF PDF-ICON
2004-14 A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A village may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law. PDF PDF-ICON
2004-F1 When a vote in a town on the question of whether to allow a particular type of retail sale of alcoholic beverages results in an equal number of affirmative and negative votes, the proposal passes. PDF PDF-ICON
2004-F2 SUNY hospital residents and interns, as mandatory members of a public retirement system or program, have a statutory right to retirement participation as of the date they commenced state service. PDF PDF-ICON
2004-F3 The bar associations through which the New York State Attorney Client Fee Dispute Resolution Program is implemented, and the individuals who administer the program, are not eligible for defense and indemnification under Public Officers Law § 17. The individual arbitrators and mediators, however, are. PDF PDF-ICON
2004-F4 A statutory pay raise due the Supreme Court Justices became effective on the first day of the payroll nearest the statute's effective date (i.e. January 7, 1998), not on effective date of statute. PDF PDF-ICON
2004-F5 The licensing scheme contained in Article 9-A of the Banking Law applies to all persons and entities that engage in the business of cashing checks, regardless of whether the checks are payable to natural persons or commercial entities. PDF PDF-ICON
2004-F6 Staff of the Interest on Lawyer Account Fund ("IOLA") are eligible for state defense and indemnification under Public Officers Law § 17. State budget appropriations will cover indemnification costs to the same extent as other covered employees. PDF PDF-ICON
2004-F7 The municipality in which the property is located is the proper "permit authority" to issue a permit under Penal Law § 405.00 for a public fireworks display on land administered by the Hudson River-Black River regulating district under its Access Permit Program. PDF PDF-ICON