Opinions by Year

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.

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.

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.

The town of Islip need not seek additional special legislation before revising the permitted size of the Central Islip Fire Districts’ proposed fire substation.

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."

A village can adopt a local law implementing a cumulative voting system and such local law would be subject to mandatory referendum.

A village can adopt a local law implementing a cumulative voting system and such local law would be subject to mandatory referendum.

The Deferred Compensation Board is not obligated to investigate, monitor, or enforce compliance by local deferred compensation plans.

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.

A change in the use of municipal parking spaces on 551 must be authorized by special legislation.

The positions of assistant fire chief of a joint fire district and county director of emergency services are compatible.

A town can decrease the length of the terms of the members of its planning board by local law

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.

The positions of elected county 522 and chief investigator for the district attorney are not compatible.

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.

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.

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.

A foreign public vessel not engaged in commerce is subject to New York’s compulsory pilotage.

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.

State law governing voter registration does not require a wet signature and thus a signature can be affixed electronically.

Discussion of certain procedures to abate dangerous conditions of abandoned buildings and to recoup costs of such abatement.

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.

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.

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.

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.