Appeals & Opinions - Subject Index

Local Laws
Subject Title Opinion Summary Type
A local law requiring a super-majority to pass certain types of resolutions is subject to a mandatory referendum. 2007-05 Informal Download A local law requiring a super-majority to pass certain types of resolutions is subject to a mandatory referendum.
Authority to adopt local law to relating to reproductive alteration of shelter animals 2014-06 Informal Download Authority to adopt local law to relating to reproductive alteration of shelter animals
Bias-related incidents - county may enact local law requiring reporting of bias-related incidents 1996-05 Informal Download Bias-related incidents - county may enact local law requiring reporting of bias-related incidents
Boats - regulation of size and horsepower of boats is not within local authority 1997-29 Informal Download Boats - regulation of size and horsepower of boats is not within local authority
City cannot modify residency requirement for housing authority established by State Legislature 2011-01 Informal Download City cannot modify residency requirement for housing authority established by State Legislature
City council may not modify terms established by State Legislature 1998-21 Informal Download City council may not modify terms established by State Legislature
County by local law may require that notice of defect be given to clerk 2000-18 Informal Download County by local law may require that notice of defect be given to clerk
County may amend Mental Hygiene Law to modify membership of community services board 1998-19 Informal Download County may amend Mental Hygiene Law to modify membership of community services board
County may enact a local law authorizing it to obtain criminal history records of individuals providing personal care services through county department of health 2002-12 Informal Download County may enact a local law authorizing it to obtain criminal history records of individuals providing personal care services through county department of health
County may form food service certification program 1996-41 Informal Download County may form food service certification program
County may not enact a local law requiring criminal history checks of employees of private nursing homes 2002-12 Informal Download County may not enact a local law requiring criminal history checks of employees of private nursing homes
County may not enact local laws that conflict with tax payment certificate requirements of Real Property Law § 334 2004-03 Informal Download County may not enact local laws that conflict with tax payment certificate requirements of Real Property Law § 334
County may supersede publication requirements 1997-12 Informal Download County may supersede publication requirements
Defense and indemnification - prospective local law may authorize defense in proceeding before Division of Human Rights 1997-24 Informal Download Defense and indemnification - prospective local law may authorize defense in proceeding before Division of Human Rights
Enforcement - municipality may only enforce penalty provisions utilizing the Criminal Procedure Law 1999-22 Informal Download Enforcement - municipality may only enforce penalty provisions utilizing the Criminal Procedure Law
Fire marshall may be created by local law 1995-23 Informal Download Fire marshall may be created by local law
Floods town may form a flood disaster department 1996-04 Informal Download Floods town may form a flood disaster department
Helmets: In absence of village local law regarding helmet usage, county local law applies in village and is enforcable subject to county's and village's discretion 2002-13 Informal Download Helmets: In absence of village local law regarding helmet usage, county local law applies in village and is enforcable subject to county's and village's discretion
Helmets: Village may enact local law regarding helmet usage that conflicts with county local law 2002-13 Informal Download Helmets: Village may enact local law regarding helmet usage that conflicts with county local law
Imposition of charges on property owners for false emergency alarms not preempted by State law 1996-22 Informal Download Imposition of charges on property owners for false emergency alarms not preempted by State law
Limitation on the number of consecutive terms 1995-29 Informal Download Limitation on the number of consecutive terms
Local government may not alter procedure for enactment of local laws 1998-37 Informal Download Local government may not alter procedure for enactment of local laws
Local law authorizing town board to appoint deputy collector of taxes upon failure of collector to make appointment is subject to mandatory referendum 1998-32 Informal Download Local law authorizing town board to appoint deputy collector of taxes upon failure of collector to make appointment is subject to mandatory referendum
Local law curtailing power of appointment of city mayor subject to mandatory referendum 1996-18 Informal Download Local law curtailing power of appointment of city mayor subject to mandatory referendum
Local law limiting jurisdiction of zoning board of appeals is consistent with state law 2004-01 Informal Download Local law limiting jurisdiction of zoning board of appeals is consistent with state law
Local law limiting jurisdiction of zoning board of appeals is consistent with state law 2004-04 Informal Download Local law limiting jurisdiction of zoning board of appeals is consistent with state law
Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law 2014-02 Informal Download Local law requiring deposit of security payment in interest-bearing account inconsistent with general state law
Local law requiring tow truck operator to tow to tow yard within municipality does not violate General Municipal Law § 80 2008-09 Informal Download Local law requiring tow truck operator to tow to tow yard within municipality does not violate General Municipal Law § 80
Local laws enacted under supersession authority remain valid despite subsequent State law amendments 1999-06 Informal Download Local laws enacted under supersession authority remain valid despite subsequent State law amendments
May not prohibit award of municipal contracts to persons who have made political contributions to town officials 1995-46 Informal Download May not prohibit award of municipal contracts to persons who have made political contributions to town officials
Municipalities may establish list of approved tow truck operators, license operators and prohibit cruising for tows 1997-37 Informal Download Municipalities may establish list of approved tow truck operators, license operators and prohibit cruising for tows
Municipality preempted from prohibiting driver of motor vehicle from holding and using mobile phone 2001-01 Informal Download Municipality preempted from prohibiting driver of motor vehicle from holding and using mobile phone
Noise Regulations - school district not subject to noise regulations in performing building construction 1999-20 Informal Download Noise Regulations - school district not subject to noise regulations in performing building construction
Non-charter county may not adopt local law authorizing count legislature to appoint local director of community services. 2011-F1 Formal Download Non-charter county may not adopt local law authorizing count legislature to appoint local director of community services.
Operative date may precede effective date occurring when law filed with Secretary of State 1999-12 Informal Download Operative date may precede effective date occurring when law filed with Secretary of State
Police commissioners - town board may amend Town Law to establish five member board of police commissioners 1997-18 Informal Download Police commissioners - town board may amend Town Law to establish five member board of police commissioners
Preemption - county local law does not preempt town local law 1997-03 Informal Download Preemption - county local law does not preempt town local law
Probation - county may not enact local legislation permitting fees for probation services except as specifically authorized by statute 2003-04 Informal Download Probation - county may not enact local legislation permitting fees for probation services except as specifically authorized by statute
Residency requirements - city may not enact a local law expanding residency requirements of city court judge to county 2002-06 Informal Download Residency requirements - city may not enact a local law expanding residency requirements of city court judge to county
State law does not preempt "teen party host" local law. 2006-02 Informal Download State law does not preempt "teen party host" local law.
State law does not preempt "teen party host" local law. 2006-02 Informal Download State law does not preempt "teen party host" local law.
Term limits - operative date of law may apply term limits to officers elected at same time referendum authorizing term limits is on ballot 1999-12 Informal Download Term limits - operative date of law may apply term limits to officers elected at same time referendum authorizing term limits is on ballot
Town board may amend Town Law to establish five member board of police commissioners 1997-18 Informal Download Town board may amend Town Law to establish five member board of police commissioners
Town board may reduce term of supervisor from four to two years subject to mandatory referendum 1995-50 Informal Download Town board may reduce term of supervisor from four to two years subject to mandatory referendum
Town may enact a local law prohibiting use of old mobile homes 2002-02 Informal Download Town may enact a local law prohibiting use of old mobile homes
Town may regulate excavation and regulation of land, establish fees reasonably related to cost of regulations 1999-43 Informal Download Town may regulate excavation and regulation of land, establish fees reasonably related to cost of regulations
Village board of trustees may transfer authority to discipline police officers from board of trustees to villaqe manager 1995-55 Informal Download Village board of trustees may transfer authority to discipline police officers from board of trustees to villaqe manager
Village by local law may modify disciplinary procedure from board of trustees to village manager 1998-07 Informal Download Village by local law may modify disciplinary procedure from board of trustees to village manager
Village may enact local law regarding helmet usage that conflicts with county local law 2002-13 Informal Download Village may enact local law regarding helmet usage that conflicts with county local law
Village may sell property if owner fails to reimburse the village for costs to demolish or clean up 1998-35 Informal Download Village may sell property if owner fails to reimburse the village for costs to demolish or clean up
Water activities/Boats - Town may regulate water activities enumerated in the Navigation Law and Town Law in waters within a village but more than 1500 feet from the village shore 2004-05 Informal Download Water activities/Boats - Town may regulate water activities enumerated in the Navigation Law and Town Law in waters within a village but more than 1500 feet from the village shore
Water activities/Boats - Town regulation of water activities not governed by state statutes is not effective in waters within geographic boundaries of village 2004-05 Informal Download Water activities/Boats - Town regulation of water activities not governed by state statutes is not effective in waters within geographic boundaries of village