Opinions by Year
Displaying 1 to 25 of 536
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.
Related Statutes:
Insurance Law §§ 3420(f)(2), 5106(b); N.Y.C.R.R §§ 11, 60-2.3(c), 11, 6-2.3(f)(11), 11, 60-2.4(b)(1), 11, 60-2.4(b)(2), 11, 60-2.4(b)(3), 11, 65-4.5(d)(1), 11, 65-4.5(d)(2), 11, 65-4.5(d)(3), 11, 65-4.5(d)(4); Public Officers Law §§ 17, 17(1)(a), 17(2)(a), 17(3)(a)
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.
Related Statutes:
Village Law §§ 3-301(4) and 3-312(5); Election Law §§ 9-112(3), (4), (6) and 6-122
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.
Related Statutes:
Home Rule Municipal Law §§ 10(1)(i), 40; Legislative Law § 55; New York Constitution Article IX, sections 2(c), 2(b)(2); Session Laws L. 1982, ch. 719 §§ 1 & 7, Act of Nov. 13, 2013, ch. 498 §§ 2 & 9
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."
Related Statutes:
E-SIGN §§ 101(a)(1), (b)(2), (c)(1) and (e); 103, 104, 106; GENERAL CONSTRUCTION LAW § 46; REAL PROPERTY LAW, ART. 9, § 291; STATE TECH. LAW §§ 104(2), 107(3); 106 P.L. 229
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.
Related Statutes:
New York Constitution Article 2, § 7, Article 9, § 2(c)(i), Article 9, § 2(c)(ii)(1); Municipal Home Rule Law §§ 10(1)(i), 10(1)(ii)(a)(1), 23(2)(e); Election Law §§ 1-102, 9-112, 9-112(1), 15-100, 15-104, 15-104(1)(d), 15-126(2)(a)
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.
Related Statutes:
Education Law §§ 2-d, 2-d(1)(c), 2-d(1)(k), 2116-a(3); Public Law 111-5 § 13402(h)(2); New York Constitution Article V § 1; State Finance Law § 8
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.
Related Statutes:
State Finance Law §§ 5, 5(2)(a), 5(2)(b), 5(2)(e), 5(2)(h), 5(3), 5(3)(b), 5(3)(c); Internal Revenue Code § 457(b); United States Code §§ 26, § 457(b), 26, § 457(e); N.Y.C.R.R. §§ 9, § 9000.1, 9, § 9003.5(a), 9, § 9005.1; Canal Law § 10; Energy Law § 8-106; General Business Law § 803
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.
Related Statutes:
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.
Related Statutes:
TOWN LAW §§176(11), 176-a, 176-a(1), 189-a(2)(d); EXECUTIVE LAW § 23
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
Related Statutes:
TOWN LAW §§ 271, 271(1), 271(4), 271(5), 271(9); MUNICIPAL HOME RULE LAW §§ 10, 10(1), 10(1)(ii)(a), 10(1)(ii)(d)(3), 22(1)
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.
Related Statutes:
AGRICULTURE & MARKETS LAW §§ 109(1)(a), 109(1)(c), 109(1)(e), 109(1)(f), 111(1), 114, 117(1)(a), 117(4), 117(6); SESSION LAWS L. 1978, CH. 220 § 2
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.
Related Statutes:
COUNTY LAW §§ 193, 400(1), 400(2), 400(3-a), 400(3-b), 400(4-a), 400(4-b), 671(1), 671(1)(b), 673, 673(2), 674(2), 674(3)(a), 674(4), 677(4)
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.
Related Statutes:
Executive Law §§ 73, 135, 139(1), 142; Judiciary Law §117; Session Laws L. 1920, CH. 1099, L. 1920, CH. 1117
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.
Related Statutes:
Navigation Law §§ 88, 88(3), 89-a, 89-a(3), 89-b, 89-b(3); 28 U.S.C § 1602 et seq; 46 U.S.C. §§ 8501(a), 8502(a), 8503(a), 8503(b)
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.
Related Statutes:
PENAL LAW § 125.05(3
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.
Related Statutes:
Election Law §§ 5-210, 5-210(1), 5-210(5)(k)(xi), 1-104(27), 2-210(5), 8-304(1), 5-500(7), 5-506(3), 5-202, 5-211, 5-212; State Technology Law Article 3 (Electronic Signature and Records Act)
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.
Related Statutes:
Public Housing Law §§ 30(2), 30(5), 33, 34; Session Laws L. 1939, CH. 808, L. 1969, CH. 488, L. 1969, CH. 1600, L. 1974, CH. 482; New York Constitution Article XIII, § 13
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.
Related Statutes:
Municipal Home Rule Law §§ 10(1)(ii)(a)(9-a), 10(1)(ii)(a)(12); Village Law §§ 4-412(1)(a), 4-414, 5-518(5); Real Property Tax Law §§ 1110-1122, 1123-1137, 1136(3), 1442, 1442(1), 1442(3), 1442(4), Article 11
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.
Related Statutes:
General Business Law §§ 750, 750-a(1), 750-a(3), 750-b, Article 35-C; Public Health Law §4201(1)(a); Not-For-Profit Corporation Law § 1502(h); New York Code, Rules And Regulations 19, § 203.1(a)
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.
Related Statutes:
General Municipal Law §§ 360, 360(2), 360(3), 360(5), Art. 14-A
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.
Related Statutes:
Agriculture & Markets Law §§ Article 7, 106, 109, 111, 114, 117, 117(7), 117(7-a), 122, 122(1), 377(a), 377-a, 377-a(1), 377-a(2), 377-a(5); Municipal Home Rule Law §§ 10, 10(1)(ii), 10(1)(ii)(a)(12)
Opinion #:
2014-F1
Type:
Formal
Subject Title:
May not create subsidiary;May not provide grants or loans from own moneys
Abstract:
An industrial development agency (IDA) is not authorized to create a subsidiary in order to fulfill its designated function or to provide grants or loans from its own moneys to public or private interests.
Related Statutes:
Not-For-Profit Corporation Law § 1411; General Municipal Law Article 18-A, §§ 852, 854(4), 854(7), 854(14), 854(15), 856(2), 858, 858(4), 858(9), 858(10), 858(11); Public Authorities Law §§ 1020-f(o), 1020-I, 1974(12)
Opinion #:
2014-F2
Type:
Formal
Subject Title:
May not seek federal designation as tax-exempt organization;May not solicit donations from public;May not apply for direct funding from state agencies;May not seek federal designation as tax-exempt organization;May not solicit donations from public;May not apply for direct funding from state agencies;May not seek federal designation as tax-exempt organization;May not solicit donations from public;May not apply for direct funding from state agencies
Abstract:
The Permanent Citizens Advisory Committee to the MTA may not seek federal designation as a tax-exempt organization, solicit donations directly from the public, or apply to state agencies for direct funding.
Related Statutes:
Public Authorities Law §§ 1204-e, 1204-e(1), 1204-e(2), 1204-e(3), 1204-e(4), 1204(3-b), 1266-d, 1266-d(1), 1266-d(2), 1266-d(3), 1266-d(4), 1266-e, 1266-e(1), 1266-e(2), 1266-e(3), 1266-e(4), 1266-I, 1266(6), 1279-c(1); Internal Revenue Code § 501(c)(3); Economic Development Law § 241(7); Executive Law § 580(3); Not-For-Profit Corporation Law § 1507-a(e)
Opinion #:
2014-02
Type:
Informal
Subject Title:
Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law;Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law
Abstract:
A county is not authorized to adopt a local law requiring that certain residential landlords deposit security payments into an interest bearing account.
Related Statutes:
General Obligations Law §§ 7-103, 7-103(2), 7-103(2-a); Municipal Home Rule Law §§ 2(5), 10(1)(ii), 10(1)(ii)(a)(12); Session Laws 1970 Ch 1009
Opinion #:
2014-03
Type:
Informal
Subject Title:
County attorney’s term when county legislators serve staggered four-year terms;County attorney’s term when county legislators serve staggered four-year terms
Abstract:
When county legislators serve staggered four-year terms, the county attorney’s term of appointment runs during the two-year term of the appointing county legislature.
Related Statutes:
County Law §§ 210, 500, 500(1); Public Officers Law § 5