Appeals & Opinions - Numerical Index

Appeals & Opinions - Numerical Index2009
Opinion Summary	Abstract	Related Statues
2009-01	In light of unsettled case law, a municipality should seek legislative approval before constructing a library in parkland. The municipality may hold a permissive referendum on the issuance of bonds to finance the construction of the library if the bonds have a maturity of more than five years.	Town Law §§ 81, 81(1)(b), 81(1)(c), 220, 220(2), 220(3); Local Finance Law §§ 35.00(b), 35.00(c)	Download 2009-01
2009-02	A vacancy in the position of city court judge that is filled by appointment by the mayor with the advice and consent of the city council does not constitute appointment by the council within the meaning of General City Law § 3.	General City Law § 3; Uniform City Court Act §§ 2104(e), 2104(e)(1)(i), 2104(e)(2)(ii); N.Y. Const. VI, § 17(d), IX, § 3(a)(2); Municipal Home Rule Law § 11(1)(e)	Download 2009-02
2009-03	The statutory minimum salary for the Cayuga County district attorney is the salary established for county court judge by Judiciary Law ' 221-d even when the judge is serving as acting supreme court justice.	Judiciary Law §§ 182, 183-a, 212(2)(c), 221-b, 221-d, 224; N.Y. Const. VI, § 26(i); 22 N.Y.C.R.R part 121, §§ 121.3, 121.4	Download 2009-03
2009-F1	The members of the Nassau County Rent Guidelines Board are eligible for State-provided defense and indemnification pursuant to Public Officers Law § 17.	Public Officers Law §§ 2, 17, 17(1)(a), 17(2)(a), 17(3)(a); Emergency Tenant Protection Act of 1974 §§ 3(a), 4, 4(a), 4(b), 6(a), 6(d), 7(a), 8(a), 10(a), 12(a)(1), 12-a(a), 12-a(f)	Download 2009-F1