Appeals & Opinions - Numerical Index

2007
Opinion Summary Abstract Related Statues
2007-01 A village may limit the number of terms the members of the planning board and the zoning board of appeals may serve. PDF PDF-ICON
2007-02 Education Law § 1950(9) precludes a BOCES member from accepting occasional employment as a per diem substitute in a school district that is part of the supervisory district in which the BOCES serves. PDF PDF-ICON
2007-03 A town may not issue a fireworks display permit to a wedding party for a fireworks display to be held as a part of a private wedding celebration. A town may not require that an applicant for a fireworks display permit also obtain a noise permit. PDF PDF-ICON
2007-04 When a town of the second class opts to change its classification to first class, the terms of the town supervisor and the town clerk will end the day before the effective date of the classification change. The term of the town highway superintendent will not be abridged by a change in classification. PDF PDF-ICON
2007-05 A county may adopt a local law requiring a super-majority to pass certain types of resolutions. Such a local law would be subject to mandatory referendum. PDF PDF-ICON
2007-06 The city cannot abolish the state-created Elmira Water Board or provide that the Water Board commissioners be appointed by city officials. Under the provisions of the City Charter, the City Chamberlain does not have authority to determine the amount of Water Board surplus funds, and the City lacks authority to amend the Charter to give the City Chamberlain such power. PDF PDF-ICON
2007-07 A county is authorized to adopt an amendment to its code of ethics prohibiting its officers from simultaneously serving as county political party officers. Such amendment may be applied to county commissioners of election. PDF PDF-ICON
2007-08 A peace officer who becomes aware of an outstanding arrest warrant through the performance of his special duties may physically detain the subject of the warrant pending arrival of a police officer to make the arrest if the subject of the warrant tries to leave. A peace officer may make a warrantless arrest based upon knowledge of an outstanding arrest warrant for a qualifying offense when the peace officer learns of the outstanding warrant through the performance of his special duties. PDF PDF-ICON
2007-09 A city's authority to issue subpoenas for the testimony of witnesses may extend to non-city entities in the course of the city's investigation into matters of concern to the city or its inhabitants. In at least some circumstances, this authority encompasses the authority to subpoena documents. In the absence of other law providing otherwise, this authority may be exercised by the common council by a vote of a majority of the whole council, if the council has previously adopted an ordinance designating itself as the official body vested with this power. PDF PDF-ICON
2007-10 Public Officers Law § 3(9) does not pertain to the paid members of the uniformed force of the paid fire department of the City of Syracuse. They are therefore governed by Public Officers Law § 3(4). Because the charter of the City of Syracuse requires that city employees live within the city, pursuant to Public Officers Law § 3(4), persons employed in the city's paid fire department must reside within Onondaga County. PDF PDF-ICON
2007-F1 Public authorities, whose board members pursuant to statute serve without salary or other compensation, may not pay for health insurance for current or retired board members. PDF PDF-ICON
2007-F2 Real property transactions expressly authorized by Canal Law §§ 53 and 54 are not subject to the public bidding and fair market value requirements of the Public Authorities Accountability Act of 2005, to the extent such requirements conflict with the provisions of those statutes. Leases and sales by the Thruway Authority and Canal Corporation to municipalities for public parks, recreation or public access to the canal system, or for necessary municipal infrastructure projects are likely to be exempt from the public bidding and fair market value requirements. Real property disposals to adjacent landowners are not exempt from the public bidding requirement, unless a statutory exception applies. PDF PDF-ICON
2007-F3 When requested by the Crime Victims Board in relation to an investigation into a claim for award, local law enforcement agencies may provide the Board with police reports, even when the reported crime involves a sex offense or an offense involving the alleged transmission of HIV. PDF PDF-ICON
2007-F4 LIPA employees may receive "bonuses" as part of an incentive compensation plan. Whether financial sponsorships of programs under the auspices of local organizations and charitable contributions are legal depends on the purpose for which the sponsorships or contributions are made. PDF PDF-ICON