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Appeals & Opinions - Numerical Index

2008
Opinion Summary Abstract Related Statues
2008-01 Pursuant to Town Law § 176(3), two fire commissioners then in office may appoint qualified persons to fill three vacancies on the board. PDF PDF-ICON
2008-02 Establishing an additional site outside a city for the board of elections and moving certain staff and equipment does not constitute a removal pursuant to County Law § 216, but removing the public functions of the board of elections from the city office would constitute such a removal. While individual commissioners may work independently at a location outside the city, the functions of the commissioners acting as a board must remain in the city absent approval of a move at a referendum. PDF PDF-ICON
2008-03 The Suffolk Regional OTB Corporation may not provide health benefits to its directors. The directors may not receive health benefits from the county nor may they participate in the New York State Health Insurance Plan at their own expense. PDF PDF-ICON
2008-04 Discussion of authority of village to adopt a local law prohibiting the delivery of unsolicited print materials to village residents. PDF PDF-ICON
2008-05 Members of the city board of ethics are city officers and thus by virtue of Education Law § 2502(7), may not simultaneously serve on the school district board of education. PDF PDF-ICON
2008-06 Public Officers Law § 73-b prevents the county sheriff from appearing in public service announcements paid for with money from the county=s handicapped parking education fund, even when that fund is composed only of mandatory surcharge moneys. PDF PDF-ICON
2008-07 A volunteer firefighter who lives on the main land but berths his boat at a marina near a fire department pursuant to a transient permit does not have a "residence" in the area of the fire department for purposes of General Municipal Law § 209-i(1-a). PDF PDF-ICON
2008-08 A town may increase the term of the town supervisor who does not serve on the county board of supervisors by local law. PDF PDF-ICON
2008-09 A local law that would require tow truck operators included on a municipal rotational list to tow vehicles to a tow yard within the regulating municipality's boundaries would not violate General Municipal Law § 80. PDF PDF-ICON
2008-10 "Contiguous" as used in Public Officers Law § 3(2) means "sharing a border" or "touching"; police officers for the city of Syracuse may not live in Oneida County because that county is not contiguous to Onondaga County. PDF PDF-ICON
2008-11 Alienation legislation should be sought before parkland is transferred from a county to a town. PDF PDF-ICON
2008-12 Discussing the validity of an appointment to the Board of Assessment Review. PDF PDF-ICON
2008-F1 Thirteen voting members of the Council constitute a quorum, and at least thirteen voting members must approve a motion for it to pass. PDF PDF-ICON