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Appeals & Opinions - Numerical Index

2006
Opinion Summary Abstract Related Statues
2006-01 Article 2 of the Village Law does not authorize absentee voting in an election to determine the question of incorporation. PDF PDF-ICON
2006-02 Enactment of "teen party host" local law is not preempted by state law. PDF PDF-ICON
2006-03 The positions of deputy supervisor and confidential secretary to the supervisor are incompatible. PDF PDF-ICON
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. PDF PDF-ICON
2006-05 The positions of deputy town clerk and village trustee are compatible. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
2006-F2 Fees imposed for the payment of insurance premiums by credit card are prohibited by General Business Law § 518. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON
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. PDF PDF-ICON