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2012-10 |
A local law that contains the complete terms of a sale of specified surplus county-owned property can be adopted by the county legislature of a charter county upon a vote of a simple majority pursuant to Municipal Home Rule Law § 20(1).
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County Law §§ 2(b), 215, 215(5), 215(6); Municipal Home Rule Law §§ 4(3)(g), 20, 20(1) |
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2012-01 |
A town board is authorized to establish a second planning board to review and determine only site plans within a proposed planned development district. |
TOWN LAW §§ 261-c, 274-a, 274-a(1), 274-a(2); MUNICIPAL HOME RULE LAW §§ 10, 10(1)(ii)(a)(1), 10(1)(ii)(a)(14), 10(1)(ii)(d)(3); STATUTE OF LOCAL GOVERNMENTS § 10(6) |
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2012-08 |
A village that has a police department must have a chief of police, unless the grandfather clause applies.
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Village Law §§ 8-800, 8-800(1); Session Laws 1985 Ch 810, 1985 Ch 840; Town Law § 150; Civil Service Law §§ 58, 58(1-c)
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2012-04 |
City charter cannot be amended locally to change the budget process as it relates to monies used by the library. Such amendments would encroach on the State's authority over education and would violate the prohibition of Municipal Home Rule Law § 11. |
Municipal Home Rule Law §§ 10, 11(1)(c), 36, 36(5)(a); Session Laws 1908, Ch 454 § 244, 1908, Ch 454 § 247, 1908, Ch 454 § 249; Education Law §§ 2(8), 214, 216, 216(1), 259(1), 260(1); General Construction Law §§ 65(c)(2), 66(6) |
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2012-F1 |
Questions relating to circumstances under which logging on municipal parkland constitutes a non-park purpose.
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Parks, Recreation And Historic Preservation Law §§ 15.03(2), 15.09, 15.11, Article 15
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2012-02 |
The city's charter, rather than General City Law § 81, governs with respect to the terms of office of zoning board of appeals members and the date on which their terms commence. |
GENERAL CITY LAW §§ 81, 81(1), 81(3), 81(4), 81(6), 81(7), 81-e; NEW YORK CONSTITUTION §§ IX, IX § 3(d)(1), IX § 3(d)(4); MUNICIPAL HOME RULE LAW §§ 10, 2(5), 2(12); PUBLIC OFFICERS LAW §§ 3(9), 5 |
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2012-03 |
The interest rate and redemption period provisions of sections 46 and 48 of the General Business Law, relating to collateral loan brokers, are preemptive. |
GENERAL BUSINESS LAW §§ 40, 46, 48(1); MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(a)(12), 10(1)(ii); VILLAGE LAW § 4-412(1)(a); PENAL LAW § 1590; SESSION LAWS L. 1960, ch. 981; L. 1980, ch. 790; L. 1981, ch. 206; L. 1981, ch. 977; L. 1984, ch. 427; L. 2005, ch. 651 |
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2012-F2 |
The members of the Security Guard Advisory Council are eligible for defense and indemnification pursuant to Public Officers Law § 17. |
Public Officers Law §§ 17, 17(1)(a), 17(2)(a), 17(3)(a); Executive Law §§ 841-a(1), 841-a(1)(a), 841-a(1)(f), 841-a(6), 841-b(1), 841-b(2)(c); General Business Law §§ 89-g, 89-h(2), 89-m(1), 89-n, N.Y.C.R.R. §§ 9, 6028.5, 9, 6029.7 |
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2012-06 |
The position of town historian is compatible with member of the County Legislature.
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Arts And Cultural Affairs Law §§ 57.07(1), 57.09; Session Laws 1919, CH 181; Session Laws 1933, CH 107
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2012-07 |
The Village's park rangers may issue uniform traffic tickets for violations of the Vehicle and Traffic Law within village parks. They may not issue tickets for violations they observe on public streets while traveling between parks.
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Criminal Procedure Law §§ 1.20(34)r, 2.10(9), 2.20; 15 N.Y.C.R.R. §§ 91.2, 19.3; Session Laws 1991 Ch 542, 1980 Ch 843; Environmental Conservation Law § 9-1501; Municipal Home Rule Law § 10(4)(a); Vehicle And Traffic Law § 511-b
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2012-09 |
Transfer of a town cemetery to a village requires specific legislative approval.
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Town Law §§ 291, 291(1), 291(4), 292, 296; Village Law § 15-1500; General Municipal Law §§ 72-h, 72-h(a), 72-h(b); Session Laws 2002 CH 669
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2012-05 |
Under state law that provides for appointment from both the majority and the minority of city council if the city council has no members who belong to the minority party, then no additional members from the majority party are to be selected to the CDA board. |
General Municipal Law §§ 551, 553(2), 553(3), 584, Article 15-A; Session Laws 1968 Ch 719, 1981 Ch 421 |
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