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Appeals & Opinions - Numerical Index

2005
Opinion Summary Abstract Related Statues
2005-01 Under the Village Law, a village trustee may not direct the village clerk to take, publish, and make available to the public minutes of the meetings of the board of trustees. PDF PDF-ICON
2005-02 County Clerk is not authorized to mark a mortgage as discharged when presented with a certificate of satisfaction signed by other than the mortgagee or last assignee of record or their personal representative, but may record such certificate. PDF PDF-ICON
2005-03 Local governments with authority to regulate parking may permit parking closer to intersections than otherwise permitted under Vehicle and Traffic Law §§ 1202(a)(2)(b), (c). PDF PDF-ICON
2005-04 A county board of supervisors may not enact a local law creating for the position of county manager a term of office that is longer than that of a majority of the supervisors. PDF PDF-ICON
2005-05 A town supervisor may declare a state of emergency over and promulgate orders with respect to property owned by another municipality that lies within the town's boundaries, but may not direct the use of the resources of another municipality without that municipality's consent. PDF PDF-ICON
2005-06 Village constables may not operate vehicles with sirens or red and white flashing lights. PDF PDF-ICON
2005-07 Penal Law § 400.00(14) authorizes a fee of $3.00 for each amendment to a firearms license, even if the proposed amendment will result in more than one change to the license. PDF PDF-ICON
2005-08 An elected county official with statutory authority to appoint deputies may be subject to applicable local rules governing official appointments. The County Board of Supervisors may challenge the conduct of another elected county official through specified judicial proceedings. PDF PDF-ICON
2005-09 Local law abolishing village police department was subject to mandatory referendum, pursuant to special legislation not repealed by enactment of Village Law § 8-800. PDF PDF-ICON
2005-10 Donations given to a city alderman to pay the legal expenses he incurred by bringing a legal proceeding in his individual capacity against another city official are 'gifts' subject to the restrictions of General Municipal Law § 805-a. Pursuant to General Municipal Law § 812, failure to disclose information regarding gifts of $1000 or more would subject the alderman to civil or criminal penalties. PDF PDF-ICON
2005-11 Where the Town of Huntington owns underwater lands based upon colonial patents, it may require its consent to the use of these underwater lands for dock construction and the anchoring and mooring of vessels, even where such activities are subject to a village=s regulatory control. PDF PDF-ICON
2005-12 The attorney for a town may represent the town in civil proceedings brought pursuant to Agriculture and Markets Law ' 121, but may prosecute criminal violations of dog control laws only if duly authorized by the district attorney. The town may seek the court=s leave to intervene in a special proceeding brought pursuant to Agriculture and Markets Law ' 121. Restitution and reparations to the victim of a dog attack may be ordered. PDF PDF-ICON
2005-13 A town may enact a juvenile curfew law pursuant to its home rule police powers if it proves that the provision bears a substantial relationship to an important governmental objective, but it may not charge parents with a violation, punishable by fine and/or imprisonment, if their minor children violate the curfew. PDF PDF-ICON
2005-14 A violation of Alcoholic Beverage Control Law § 65-c constitutes a criminal offense subject to prosecution by the district attorney, or someone acting with the proper authorization of the district attorney. PDF PDF-ICON
2005-15 The delegation in VTL § 1640(a)(22) provides authority for cities and villages to enact regulations setting aside on-street parking for use by employees of an adjacent government facility belonging to another governmental entity, as long as such restrictions are reasonable and rationally related to a legitimate public purpose. PDF PDF-ICON
2005-16 A member of a board of education in a city of less than 125,000 inhabitants is not prohibited by Education Law § 2502(7) from also serving as city supervisor. PDF PDF-ICON
2005-17 Where the secretary to the Zoning Board of Appeals (ZBA) is appointed by the ZBA, a member of the ZBA may not simultaneously serve as secretary to the ZBA. PDF PDF-ICON
2005-18 A town may supersede Town Law § 268 to adopt a local law eliminating the possibility of incarceration upon conviction of a local zoning code violation. PDF PDF-ICON
2005-19 A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy. PDF PDF-ICON
2005-20 The positions of fire district assistant fire chief and fire district firehouse maintainer are incompatible. PDF PDF-ICON
2005-21 Municipal highways may be designated for use by ATVs only when necessary to provide access to adjacent trails. Highways previously designated for use by ATVs do not qualify as "adjacent trails" for this purpose. Trails on private land that are open to the public for recreational ATV use may qualify as "adjacent trails." PDF PDF-ICON
2005-F1 A member of the Legislature may serve in the New York Guard, and receive compensation for such service, without vacating his or her legislative seat. PDF PDF-ICON
2005-F2 Agreements between state agencies and Cornell University to procure academic services from the statutory or contract colleges administered by Cornell should be regarded as contracts between a state party and a non-state party. PDF PDF-ICON