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2006-01 |
Article 2 of the Village Law does not authorize absentee voting in an election to determine the question of incorporation. |
ELECTION LAW §§ 8-400(1), 15-120; EDUCATION LAW §§ 1803, 2018-a, b, 2609, 2613; TOWN LAW §§ 83, 84-a(1), 175-b(1), 213-b(1); VILLAGE LAW §§ 2-200, 2-202(1)(a), 2-200(1)(f)(1), 2-204, 2-206, 2-208, 2-210, 2-212, 2-212(1)(c), 2-214, 2-216, 2-220, 2-220(3), (4), (5), 2-222, 2-222(1), 2-224. |
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2006-02 |
Enactment of "teen party host" local law is not preempted by state law. |
N.Y. CONST. Art. IX, § 2(c)(10); PENAL LAW §§ 260.20(2), 260.21(1); ALCOHOLIC BEVERAGE CONTROL LAW §§ 65(1), 65(5), 65-a, 65-b(2)(a),(b), 65-c, 65-d, 79-c(1), 99-f, 100(2-a), (2-b), 106(17), 126(2);GENERAL OBLIGATIONS LAW §§ 11-100(1), 398-c, 399-d; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); TAX LAW § 480-a; PUBLIC HEALTH LAW Art. 13-E; CH. 799, 1992 N.Y. LAWS 4202; PUBLIC HEALTH LAW §§ 1399-aa - 1399-mm |
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2006-03 |
The positions of deputy supervisor and confidential secretary to the supervisor are incompatible. |
PUBLIC OFFICERS LAW § 3; TOWN LAW §§ 20(1)(a), 20(4), 23, 29(15), 42 |
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2006-04 |
County emergency personnel may enter onto private property without the consent of the landowner where such entrance is reasonably necessary to that personnel's public duties in response to an emergency. |
PENAL LAW §§ 35.05, 140.05, 140.10; AGRICULTURE AND MARKETS LAW Art. 26; VEHICLE AND TRAFFIC LAW § 2403(4); PARKS, RECREATION AND HISTORIC PRESERVATION § 25.03(7); SESSION LAW 2000, CH. 120 §§ 1, 7 |
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2006-05 |
The positions of deputy town clerk and village trustee are compatible. |
Village Law §§ 3-300 (3) and (4), 3-301 (3) and (4), 4-412; Town Law §§ 20(4), 30, 30(10) |
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2006-06 |
Cities and villages are authorized by VTL § 1640(a)(22) to set aside on-street parking for users of a government facility only on those parking areas closest to the facility. |
Vehicle and Traffic Law §§ 144, 1160, 1180, 1640; McKinney's Consolidated Laws of New York §§ 231, 311 |
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2006-07 |
Court enforcement officers appointed pursuant to Town Law § 20 who serve process and execute mandates of the town court in civil matters are public officers who must be residents of the town in which they serve. |
Uniform Justice Court Act §§ 110, 111, 209, 701 ,1504 ,1505, 1911; Uniform Civil Rules for the Justice Courts §214.5; 22 NYCRR 214.5; Civil Practice Laws & Rules §8011; Town Law §§ 20, 23, 39; Criminal Procedure Law § 2.10; Public Officers Law §§ 3, 17 |
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2006-08 |
The town is not authorized to regulate speed on the portion of a highway built pursuant to special legislation that goes through the town. |
L. 1905, Ch. 724; L. 1937, Ch. 929; L. 1985, Ch. 907; L. 1914, Ch. 478; New York City Administrative Code §§ 1-111, 24-356; Highway Law §§ 3(5), 189, 341(53)(1); Vehicle and Traffic Law § 1622 |
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2006-09 |
A county that fulfills its responsibility under County Law article 18-B with a public defender may rely upon the public defender to represent indigent allegedly incapacitated persons. |
Mental Hygiene Law Articles 81, 81.10; County Law Articles 18-A, 18-B, §§ 171, 722; Family Court Act §§ 262, 1120; Surrogate's Court Procedure Act § 407; Correction Law Article 6-C; Judiciary Law § 35 |
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2006-10 |
Paid firefighters are members of the fire district fire department eligible to cast ballots at the annual meeting to nominate a volunteer fire chief. |
General Municipal Law §§ 207-a, 209-b(1), 209-l; Town Law Article 11, §§174(7), 176-a, 176(11), 176(18), 176(19), 176(33); Insurance Law §§ 9104, 9105 |
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2006-11 |
General Municipal Law article 5-G, not Municipal Home Rule Law § 10, authorizes the consolidation of the police services of two towns in contiguous counties. |
Municipal Home Rule Law §§ 10, 10(1)(I), 10(1)(ii)(a)(1); General Municipal Law Art. 5-G, §§ 119-n(a), 119-n(c), 119-o, 119-o(1), 121-a; N. Y. Const. Art. IX §§ 2(c), 2(c)(I), 2(c)(ii), 3(d)(2) |
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2006-F1 |
The exemption in Banking Law § 374(3)applicable to banks that were in the business of electronic check-cashing machines on the subdivision's effective date should be interpreted as exempting only electronic check-cashing facilities operated by such banks. |
BANKING LAW §§ 43(8), 367(1)(4), 369(1), 370, 372, 373, 374(1),(2),(3), ART. 9-A; 3 N.Y.C.R.R. § 400.12; L. 2004, CH. 432; L. 2003, CH. 635; L. 2002, CH. 29; L. 2001, CH. 591; L. 2000, CH. 582; L. 1994, CH. 546; L. 1944, CH. 593 |
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2006-F2 |
Fees imposed for the payment of insurance premiums by credit card are prohibited by General Business Law § 518. |
GENERAL BUSINESS LAW §§ 349, 511(4),(6), 518; INSURANCE LAW § 9101; PUBLIC LAW NO. 94-222; 15 U.S.C. § 1666f(a)(2) |
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2006-F3 |
Unpaid guardians ad litem serving in the New York City Civil Court's guardian ad litem program are eligible for State-provided defense and indemnification. |
Public Officers Law §§ 17 , 17(1)(a), 17(2), 17(3)(a), 17(4); Judiciary Law § 39(6) |
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2006-F4 |
The Public Authorities Accountability Act of 2005 permits an exchange of easements without public bidding to facilitate relocation of a gas pipeline in connection with a thruway reconstruction project. |
PUBLIC AUTHORITIES LAW §§2, 353, 354, 358, 2800, 2801, 2802, 2824, 2825, 2895, 2896, 2897; HIGHWAY LAW §§10(24-b), 347; EMINENT DOMAIN PROCEDURE LAW §§301, 303 |
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2006-F5 |
Compensated guardians ad litem serving in the New York City Civil Court's guardian ad litem program are not eligible for State-provided defense and indemnification. |
Public Officers Law §§ 17, 17(1)(2)m 17(2)m (17(3)(a), 17(4); General Municipal Law § 50-k; Civil Practice Laws and Rules § 1207 |
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