Opinions by Subject
Displaying 26 to 50 of 536
Opinion #:
2014-04
Type:
Informal
Subject Title:
Village fire department battalion chief – village mayor of village trustee;Village mayor of village trustee – village fire department battalion chief
Abstract:
The battalion chief of a village fire department cannot also serve as village mayor or village trustee.
Related Statutes:
Village Law §§ 3-301(4), 10-1000, 10-1006(2), 10-1006(12), 10-1010, 10-1012, 10-1014, 10-1018
Opinion #:
2014-05
Type:
Informal
Subject Title:
734 as governmental entity for purposes of Article 14 of Real Property Law;734 as governmental entity for purposes of Article 14 of Real Property Law
Abstract:
The Greater Syracuse Property Development Corporation, a 734, is a “governmental entity” for the purpose of Article 14 of the Real Property Law and, as such, it need not provide a disclosure statement when it sells residential real property.
Related Statutes:
Real Property Law §§ 462, 462(1), 463, 463(4), 463(6), 463(11), 463(13), 465(1); Not-For-Profit Corporation Law §§ Art 16, 1601, 1603, 1603(a), 1603(b), 1603(h), 1605(l), 1607, 1607(a)(12), 1607(a)(13), 1607(a)(15), 1612(a), 1617(b); Public Authorities Law §§ 2(2)(e), 6(1)(a); Public Officers Law §§ 73, 74
Opinion #:
2014-01
Type:
Informal
Subject Title:
Village clerk/treasurer – village court clerk;Village court clerk - village clerk/treasurer
Abstract:
The positions of village clerk/treasurer and village court clerk are incompatible.
Related Statutes:
Village Law§§ 3-300(3), 3-301(2)(a), 3-301(2)(b), 3-301(3), 4-400(1)(c)(i), 4-400(1)(c)(ii), 4-402, 4-408; State Finance Law §§ 99-a, 99-a(3); Public Officers Law § 9
Opinion #:
2013-F1
Type:
Formal
Subject Title:
staff member of BOCES district superintendent who is serving as integrity officer
Abstract:
A member of the staff of the BOCES district superintendent who is serving as integrity officer under the supervision of State Education Department is eligible for state-provided defense and indemnification.
Related Statutes:
Public Officers Law §§ 17, 17(1), 17(1)(a), 17(2)(a), 17(3)(a); Education Law §§ 1950(1), 1950(2), 1950(4)(a)(1), 2201, 2209, 2215, 2215(9), 2215(10), 2215(14)
Opinion #:
2013-03
Type:
Informal
Subject Title:
authority to control traffic at street intersection
Abstract:
A village school crossing guard may control traffic at an intersection within the village that does not abut school property, if exercise of such traffic control is to aid in protecting school children going to and from school.
Related Statutes:
General Municipal Law § 208-a
Opinion #:
2013-04
Type:
Informal
Subject Title:
filling vacant town justice position left off ballot;filling vacant town justice position left off ballot
Abstract:
A vacancy created by not placing the position of town justice on the ballot cannot be filled by town board appointment. It can be filled before the November 2013 general election only by special election if the Governor chooses to call for one. The term of the justice will commence January 1, 2014 in either case.
Related Statutes:
Town Law § 64(5); Public Officers Law § 42(3); Constitution Article 6, § 17(d)
Opinion #:
2013-02
Type:
Informal
Subject Title:
town board member and building administrator for town housing authority
Abstract:
The positions of town board member and building administrator for the local housing authority are incompatible.
Related Statutes:
Public Housing Law §§ 30(2), 32(1), 32(3), 34, 532
Opinion #:
2013-01
Type:
Informal
Subject Title:
town council member and town financial operations manage
Abstract:
A town council member may not also serve as financial operations manager.
Related Statutes:
Town Law §§ 20(1)(a), 50-a(1), 50-a(2), 52(1), 60(1), 64(1), 119(1); Municipal Home Rule Law §§ 10(1)(i), 10(1)(ii)(a)
Opinion #:
2012-F2
Type:
Formal
Subject Title:
Security Guard Advisory Council are eligible for defense and indemnification pursuant to Public Officers Law § 17.
Abstract:
The members of the Security Guard Advisory Council are eligible for defense and indemnification pursuant to Public Officers Law § 17.
Related Statutes:
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
Opinion #:
2012-10
Type:
Informal
Subject Title:
number of votes to adopt local law containing terms of sale of surplus property
Abstract:
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).
Related Statutes:
County Law §§ 2(b), 215, 215(5), 215(6); Municipal Home Rule Law §§ 4(3)(g), 20, 20(1)
Opinion #:
2012-08
Type:
Informal
Subject Title:
A village police department must have a chief of police;A village police department must have a chief of police;A village police department must have a chief of police;A village police department must have a chief of police
Abstract:
A village that has a police department must have a chief of police, unless the grandfather clause applies.
Related Statutes:
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)
Opinion #:
2012-09
Type:
Informal
Subject Title:
Transfer from town to village requires specific legislative approval
Abstract:
Transfer of a town cemetery to a village requires specific legislative approval.
Related Statutes:
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
Opinion #:
2012-06
Type:
Informal
Subject Title:
County legislator and town historian;Town historian and county legislator
Abstract:
The position of town historian is compatible with member of the County Legislature.
Related Statutes:
Arts And Cultural Affairs Law §§ 57.07(1), 57.09; Session Laws 1919, CH 181; Session Laws 1933, CH 107
Opinion #:
2012-07
Type:
Informal
Subject Title:
Authority of village park rangers to issue tickets for violations of Vehicle and Traffic Law
Abstract:
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.
Related Statutes:
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
Opinion #:
2012-05
Type:
Informal
Subject Title:
appointment of members of Port Jervis community development agency
Abstract:
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.
Related Statutes:
General Municipal Law §§ 551, 553(2), 553(3), 584, Article 15-A; Session Laws 1968 Ch 719, 1981 Ch 421
Opinion #:
2012-F1
Type:
Formal
Subject Title:
Logging on municipal 551
Abstract:
Questions relating to circumstances under which logging on municipal 551 constitutes a non-park purpose.
Related Statutes:
Parks, Recreation And Historic Preservation Law §§ 15.03(2), 15.09, 15.11, Article 15
Opinion #:
2012-01
Type:
Informal
Subject Title:
May establish special planning board to review and determine only site plans within a proposed planned development district;May establish special planning board to review and determine only site plans within a proposed planned development district
Abstract:
A town board is authorized to establish a second planning board to review and determine only site plans within a proposed planned development district.
Related Statutes:
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)
Opinion #:
2012-02
Type:
Informal
Subject Title:
Board of Appeals - law governing terms and commencement date
Abstract:
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.
Related Statutes:
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
Opinion #:
2012-03
Type:
Informal
Subject Title:
General Business Law sections 46 and 48 preempt local laws;General Business Law sections 46 and 48 preempt local laws
Abstract:
The interest rate and redemption period provisions of sections 46 and 48 of the General Business Law, relating to collateral loan brokers, are preemptive.
Related Statutes:
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
Opinion #:
2012-04
Type:
Informal
Subject Title:
amending city charter provisions relating to
Abstract:
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.
Related Statutes:
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)
Opinion #:
2011-09
Type:
Informal
Subject Title:
Directors of Independent and Livery Driver Benefit Fund not eligible
Abstract:
The directors of the Independent Livery Driver Benefit Fund are not eligible for the defense, indemnification, and immunity that may be accorded to public officers.
Related Statutes:
Public Officers Law §§ 17, 17(1)(a), 18, 18(1)(a); Executive Law §§ 160-bbb(1), 160-bbb(2), 160-bbb(4), 160-bbb(5) , 160-bbb(6)(c)(ii), 160-bbb(6)(c)(iv), 160-ccc, 160-dd, 160-ddd, 160-eee, 160-hhh, 160-hhh(8), 160-mmm, Article 6-F; Workers' Compensation Law § 18-C(7); Racing, Pari-Mutuel Wagering & Breeding Law §§ 221, 221(1), 221(11); Not-For-Profit Corporation Law §§ 720-a, 722, 726; Internal Revenue Code § 501(c)(3)
Opinion #:
2011-08
Type:
Informal
Subject Title:
Town's authority to regulate permit process
Abstract:
Approval and issuance of a fireworks display permit is a discretionary act. Failure to grant a permit by the time of a planned display effectively functions as a denial of an application for a permit. A town may not impose additional permitting requirements or supersede the fireworks permitting system established in the LAW.
Related Statutes:
PENAL LAW §§ 270.00, 270.00(2), 405.00, 405.00(1), 405.00(2), 405.00(2)(a), 405.00(2)(b), 405.00(2)(e), 405.00(2)(g), 405.00(3), 405.00(3-a), 405.00(4), 405.00(5); Municipal Home Rule Law § 10(1)(i)(d)(3)
Opinion #:
2011-07
Type:
Informal
Subject Title:
Dedication by participation in Greater Catskills Flood Remediation Program;Dedication by participation in Greater Catskills Flood Remediation Program
Abstract:
Property purchased by the County pursuant to the Greater Catskills Flood Remediation Program was not dedicated as public 551 by virtue of the required assurance in the deed conveying the property from its owner to the County. The common law prohibition against alienating public 551 without express authority from the Legislature does not prevent the County from selling such property.
Related Statutes:
Agriculture & Markets Law §§ 300, 327; Environmental Conservation Law §§ 24-0901(2), 51-0713; Parks, Recreation & Historic Preservation Law § 15.09
Opinion #:
2011-06
Type:
Informal
Subject Title:
County planning department - assignment of review of referred proposed actions
Abstract:
A county may by local law assign review of proposed zoning and planning actions referred by a municipal body to its planning department.
Related Statutes:
General Municipal Law §§ 239-1, 239-1(1)(a), 239-c, 239-c(3), 239-m, 239-m(4), 239-m(5), 239-n, 239-n(4), 239-n(5); County Law § 220; New York State Constitution Article IX §§ 2(c), 2(c)(1); Municipal Home Rule Law §§ 10(1)(i), 10(1)(ii)(a)(1)
Opinion #:
2011-05
Type:
Informal
Subject Title:
Discussion of county's duty with respect to trees within right of way
Abstract:
Discussion of county's duty with respect to trees within highway right of way
Related Statutes:
Highway Law §§ 102, 102(1), 102(14), 139, 39(1), 322, 372