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Opinion #:
2023-F1
Type:
Formal
Subject Title:
Members of Department of Financial Services Arbitrator Screening Committees are eligible for section 17 coverage
Abstract:
Members of the No-Fault Arbitrator Screening Committee and the Supplementary Uninsured/Underinsured Motorists Arbitrator Screening Committee are persons holding a position “by appointment” and are in “the service of the state” and thus are “employees” for purposes of section 17 and are eligible for defense and indemnification pursuant to Public Officers Law § 17.
Opinion #:
2021-2
Type:
Informal
Subject Title:
Counting a ballot that contains two votes for the same person for incompatible offices;Counting a ballot that contains two votes for the same person for incompatible offices
Abstract:
A ballot that contains two votes for the same person for incompatible offices, one printed and one written in, should be counted as a blank vote for both of those offices.
Opinion #:
2021-2
Type:
Informal
Subject Title:
Counting a ballot that contains two votes for the same person for incompatible offices;Counting a ballot that contains two votes for the same person for incompatible offices
Abstract:
A ballot that contains two votes for the same person for incompatible offices, one printed and one written in, should be counted as a blank vote for both of those offices.
Opinion #:
2021-1
Type:
Informal
Subject Title:
Whether special legislation must be sought
Abstract:
The town of Islip need not seek additional special legislation before revising the permitted size of the Central Islip Fire Districts’ proposed fire substation.
Opinion #:
2001-03
Type:
Informal
Subject Title:
Whether federal law preempts the Real Property Law to require 647
Abstract:
There is a substantial possibility that E-SIGN does not preempt Article 9 of the RPL or otherwise obligate county recording officers to accept for recordation a filing that contains only an electronic signature but lacks what you term an "original signature."
Opinion #:
2018-1
Type:
Informal
Subject Title:
A local law implementing cumulative voting is subject to mandatory referendum;A local law implementing cumulative voting is subject to mandatory referendum;A village can adopt a local law implementing cumulative voting
Abstract:
A village can adopt a local law implementing a cumulative voting system and such local law would be subject to mandatory referendum.
Opinion #:
2018-1
Type:
Informal
Subject Title:
A local law implementing cumulative voting is subject to mandatory referendum;A local law implementing cumulative voting is subject to mandatory referendum;A village can adopt a local law implementing cumulative voting
Abstract:
A village can adopt a local law implementing a cumulative voting system and such local law would be subject to mandatory referendum.
Opinion #:
2017-F2
Type:
Formal
Subject Title:
Obligation with respect to overseeing local deferred compensation plans
Abstract:
The Deferred Compensation Board is not obligated to investigate, monitor, or enforce compliance by local deferred compensation plans.
Opinion #:
2017-F1
Type:
Formal
Subject Title:
State 683 – inapplicability of Education Law § 2-d to
Abstract:
The State 683 and his designees are not “third party contractors,” as defined in Education Law § 2-d, when auditing the State Education Department under the 683’s constitutional authority.
Opinion #:
2017-1
Type:
Informal
Subject Title:
Whether change in use of municipal parking spaces requires alienation legislation
Abstract:
A change in the use of municipal parking spaces on 551 must be authorized by special legislation.
Opinion #:
2017-2
Type:
Informal
Subject Title:
County director of emergency services; assistant fire chief of joint fire district;Assistant fire chief of joint fire district; county director of emergency servi
Abstract:
The positions of assistant fire chief of a joint fire district and county director of emergency services are compatible.
Opinion #:
2016-5
Type:
Informal
Subject Title:
Decreasing term of planning board members
Abstract:
A town can decrease the length of the terms of the members of its planning board by local law
Opinion #:
2016-3
Type:
Informal
Subject Title:
Use of list of dogs licensed by town to redeem seized dog;Use of list of dogs licensed by town to redeem seized dog
Abstract:
A consistently- and accurately-maintained list of dogs licensed by a town may constitute a valid component of a system whereby owners redeem their seized dogs by producing proof of the identity of the owner and, if necessary, of the dog.
Opinion #:
2016-4
Type:
Informal
Subject Title:
522 – Chief investigator for district attorney;Chief investigator for district attorney – 522
Abstract:
The positions of elected county 522 and chief investigator for the district attorney are not compatible.
Opinion #:
2016-3
Type:
Informal
Subject Title:
Use of list of dogs licensed by town to redeem seized dog;Use of list of dogs licensed by town to redeem seized dog
Abstract:
A consistently- and accurately-maintained list of dogs licensed by a town may constitute a valid component of a system whereby owners redeem their seized dogs by producing proof of the identity of the owner and, if necessary, of the dog.
Opinion #:
2016-2
Type:
Informal
Subject Title:
Exercise of power to administer oaths and take affidavits and acknowledgements under city charter;Exercise of power to administer oaths and take affidavits and acknowledgements under city charter
Abstract:
The mayor and members of the council can administer oaths and take affidavits and 636 within the city as authorized by the City’s charter.
Opinion #:
2016-2
Type:
Informal
Subject Title:
Exercise of power to administer oaths and take affidavits and acknowledgements under city charter;Exercise of power to administer oaths and take affidavits and acknowledgements under city charter
Abstract:
The mayor and members of the council can administer oaths and take affidavits and 636 within the city as authorized by the City’s charter.
Opinion #:
2016-F2
Type:
Formal
Subject Title:
Foreign public vessel must take New York-licensed pilot
Abstract:
A foreign public vessel not engaged in commerce is subject to New York’s compulsory pilotage.
Opinion #:
2016-F1
Type:
Formal
Subject Title:
Interpreting Penal Law § 125.05 in accord with United States Supreme Court precedent;Abortion is constitutionally protected if necessary to save a pregnant woman’s life or health;Abortion of a nonviable fetus is constitutionally protected after 24 weeks
Abstract:
To accord with precedent of the United States Supreme Court, LAW § 125.05 must be read to include an exception to preserve a pregnant woman’s health and to allow an abortion of a nonviable fetus after 24 weeks.
Opinion #:
2016-1
Type:
Informal
Subject Title:
Signature may be affixed electronically to voter registration
Abstract:
State law governing voter registration does not require a wet signature and thus a signature can be affixed electronically.
Opinion #:
2015-03
Type:
Informal
Subject Title:
Methods of enforcing local laws relating to abatement
Abstract:
Discussion of certain procedures to abate dangerous conditions of abandoned buildings and to recoup costs of such abatement.
Opinion #:
2015-F1
Type:
Formal
Subject Title:
Licensure of entity offering disposal by alkaline hydrolysis for a fee
Abstract:
Alkaline hydrolysis is a permissible means of disposal of pet remains. An entity offering pet disposal by alkaline hydrolysis for a fee must be licensed under General Business Law Article 35-C and such an entity can be licensed as a pet crematorium.
Opinion #:
2015-02
Type:
Informal
Subject Title:
Removal of tenant-elected board member
Abstract:
The procedure prescribed by Public Housing Law § 34 to remove a member of the Authority’s board applies to the members who sit on the board by virtue of election by the tenants of the Authority.
Opinion #:
2015-01
Type:
Informal
Subject Title:
Applicability of General Municipal Law § 360
Abstract:
General Municipal Law § 360 does not apply to the Town’s proposed participation in a pilot Community Choice Aggregation program and thus section 360’s requirement of a referendum likewise does not apply.
Opinion #:
2014-06
Type:
Informal
Subject Title:
Authority to adopt local law to relating to reproductive alteration of shelter 648;Authority to adopt local law to relating to reproductive alteration of shelter 648
Abstract:
A town may adopt a local law that would allow its animal shelter to spay and neuter dogs and cats after the expiration of the applicable redemption period but before they are selected for adoption.