Opinions by Year
Displaying 151 to 175 of 827
Opinion #:
2006-F1
Type:
Formal
Subject Title:
Exemption from 3/10 of a mile location restriction for banks that were in the business of electronic check-cashing machines; Exemption from 3/10 of a mile location restriction for banks that were in the business of electronic check-cashing machines
Abstract:
The exemption in Banking Law § 374(3)applicable to banks that were in the business of electronic check-cashing machines on the subdivision's effective date should be interpreted as exempting only electronic check-cashing facilities operated by such banks.
Related Statutes:
BANKING LAW §§ 43(8), 367(1)(4), 369(1), 370, 372, 373, 374(1),(2),(3), ART. 9-A; 3 N.Y.C.R.R. § 400.12; L. 2004, CH. 432; L. 2003, CH. 635; L. 2002, CH. 29; L. 2001, CH. 591; L. 2000, CH. 582; L. 1994, CH. 546; L. 1944, CH. 593
Opinion #:
2005-F2
Type:
Formal
Subject Title:
Agreements between state agencies and 711 for academic services from statutory colleges should be viewed as contracts; Agreements between state agencies and 711 for academic services from statutory colleges should be viewed as contracts
Abstract:
Agreements between state agencies and 711 to procure academic services from the statutory or contract colleges administered by Cornell should be regarded as contracts between a state party and a non-state party.
Related Statutes:
CIVIL SERVICE LAW § 161; EDUCATION LAW §§ 350(3), 352(3), 353, 355, 357, 390, 5701, 5711, 5712, 5714, 5715; EXECUTIVE LAW § 310; PUBLIC OFFICERS LAW § 73; RETIREMENT AND SOCIAL SECURITY LAW § 40; STATE FINANCE LAW §§ 5, 53-a, 112
Opinion #:
2005-F2
Type:
Formal
Subject Title:
Agreements between state agencies and 711 for academic services from statutory colleges should be viewed as contracts; Agreements between state agencies and 711 for academic services from statutory colleges should be viewed as contracts
Abstract:
Agreements between state agencies and 711 to procure academic services from the statutory or contract colleges administered by Cornell should be regarded as contracts between a state party and a non-state party.
Related Statutes:
CIVIL SERVICE LAW § 161; EDUCATION LAW §§ 350(3), 352(3), 353, 355, 357, 390, 5701, 5711, 5712, 5714, 5715; EXECUTIVE LAW § 310; PUBLIC OFFICERS LAW § 73; RETIREMENT AND SOCIAL SECURITY LAW § 40; STATE FINANCE LAW §§ 5, 53-a, 112
Opinion #:
2005-F1
Type:
Formal
Subject Title:
state legislator and member of New York Guard
Abstract:
A member of the Legislature may serve in the New York Guard, and receive compensation for such service, without vacating his or her legislative seat.
Related Statutes:
N.Y. CONST., ART. III, §§ 7, 8, ART. XII, § 2, 4; MILITARY LAW §§ 2, 3, 5, 5-a, 170, 167, 168; L. 1832, CH. 84; L. 1918, CH. 239; L. 1921, CH. 20, CH. 588, §§ 12, 40, 43; L. 1934, CH. 84; L. 1941, CH. 874; L. 1942, CH. 911; L. 1944. CH. 294; 1947, CH. 635; L. 1948, CH. 201; L. 1950, CH. 825, §§ 5-7; 42 U.S.C §§ 102, 108.
Opinion #:
2005-18
Type:
Informal
Subject Title:
Penalties - Supersession authority to eliminate of possibility of incarceration upon conviction of a local zoning code violation.;Town may provide for penalty of fine only for zoning violations.
Abstract:
A town may supersede Town Law § 268 to adopt a local law eliminating the possibility of incarceration upon conviction of a local zoning code violation.
Related Statutes:
CRIMINAL PROCEDURE LAW §§ 1.20, 10.20, 10.30, 340.40; MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(d)(3), 11; PENAL LAW §§ 10.00, 55.10, 70.15, 80.05; TOWN LAW §§ 135, 268; L. 1958, ch. 606, §§ 1,2
Opinion #:
2005-19
Type:
Informal
Subject Title:
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.
Abstract:
A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy.
Related Statutes:
N.Y. CONST., ART. VI, 17(d), ART. IX §§ 1, 2; ART. XIII, § 3; COUNTY LAW § 400(7); ELECTION LAW § 1-102; MUNICIPAL HOME RULE §§ 2(5), 10, 11, 22, 23, 24; PUBLIC OFFICERS LAW §§ 42(3), (5), 43; TOWN LAW, ART. 8, §§ 64, 80, 81; L. 1995, CH. 88
Opinion #:
2005-20
Type:
Informal
Subject Title:
Fire district assistant fire chief and fire district firehouse maintainer; Fire district chief and fire district firehouse maintainer; Fire district firehouse maintainer and fire district assistant fire chief; Fire district firehouse maintainer and fire district fire chief
Abstract:
The positions of fire district assistant fire chief and fire district firehouse maintainer are incompatible.
Related Statutes:
TOWN LAW, ART. 11, §§ 170, 171, 173, 174, 175, 176, 176-a, 176-b, 181; VILLAGE LAW § 10-1008; L. 1931, CH. 57, § 1; L. 1932, CH. 634, § 340
Opinion #:
2005-19
Type:
Informal
Subject Title:
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.
Abstract:
A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy.
Related Statutes:
N.Y. CONST., ART. VI, 17(d), ART. IX §§ 1, 2; ART. XIII, § 3; COUNTY LAW § 400(7); ELECTION LAW § 1-102; MUNICIPAL HOME RULE §§ 2(5), 10, 11, 22, 23, 24; PUBLIC OFFICERS LAW §§ 42(3), (5), 43; TOWN LAW, ART. 8, §§ 64, 80, 81; L. 1995, CH. 88
Opinion #:
2005-19
Type:
Informal
Subject Title:
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.
Abstract:
A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy.
Related Statutes:
N.Y. CONST., ART. VI, 17(d), ART. IX §§ 1, 2; ART. XIII, § 3; COUNTY LAW § 400(7); ELECTION LAW § 1-102; MUNICIPAL HOME RULE §§ 2(5), 10, 11, 22, 23, 24; PUBLIC OFFICERS LAW §§ 42(3), (5), 43; TOWN LAW, ART. 8, §§ 64, 80, 81; L. 1995, CH. 88
Opinion #:
2005-18
Type:
Informal
Subject Title:
Penalties - Supersession authority to eliminate of possibility of incarceration upon conviction of a local zoning code violation.;Town may provide for penalty of fine only for zoning violations.
Abstract:
A town may supersede Town Law § 268 to adopt a local law eliminating the possibility of incarceration upon conviction of a local zoning code violation.
Related Statutes:
CRIMINAL PROCEDURE LAW §§ 1.20, 10.20, 10.30, 340.40; MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(d)(3), 11; PENAL LAW §§ 10.00, 55.10, 70.15, 80.05; TOWN LAW §§ 135, 268; L. 1958, ch. 606, §§ 1,2
Opinion #:
2005-19
Type:
Informal
Subject Title:
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.
Abstract:
A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy.
Related Statutes:
N.Y. CONST., ART. VI, 17(d), ART. IX §§ 1, 2; ART. XIII, § 3; COUNTY LAW § 400(7); ELECTION LAW § 1-102; MUNICIPAL HOME RULE §§ 2(5), 10, 11, 22, 23, 24; PUBLIC OFFICERS LAW §§ 42(3), (5), 43; TOWN LAW, ART. 8, §§ 64, 80, 81; L. 1995, CH. 88
Opinion #:
2005-19
Type:
Informal
Subject Title:
Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.;Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.
Abstract:
A town may enact a local law that would eliminate the town board's power to fill vacancies in elective offices by appointment and instead require a special election to fill a vacancy.
Related Statutes:
N.Y. CONST., ART. VI, 17(d), ART. IX §§ 1, 2; ART. XIII, § 3; COUNTY LAW § 400(7); ELECTION LAW § 1-102; MUNICIPAL HOME RULE §§ 2(5), 10, 11, 22, 23, 24; PUBLIC OFFICERS LAW §§ 42(3), (5), 43; TOWN LAW, ART. 8, §§ 64, 80, 81; L. 1995, CH. 88
Opinion #:
2005-17
Type:
Informal
Subject Title:
Zoning board of appeals member and secretary to zoning board of appeals; Secretary to zoning board of appeals and zoning board of appeals member
Abstract:
Where the secretary to the Zoning Board of Appeals (ZBA) is appointed by the ZBA, a member of the ZBA may not simultaneously serve as secretary to the ZBA.
Related Statutes:
TOWN LAW §§ 64, 267, 267-a
Opinion #:
2005-16
Type:
Informal
Subject Title:
Board of education member; city supervisor;City supervisor is not a "city office" within the meaning of Education Law § 2502(7); City supervisor is not a "city office" within the meaning of Education Law provision prohibiting members of city school boards from holding a city office
Abstract:
A member of a board of education in a city of less than 125,000 inhabitants is not prohibited by Education Law § 2502(7) from also serving as city supervisor.
Related Statutes:
COUNTY LAW, ART. 5, §§ 150, 153, 154; EDUCATION LAW §§ 2103, 2112, 2502; SECOND CLASS CITIES LAW §§ 11, 112, 210. TOWN LAW §§ 23, 29, 51; L. 1953, CH. 878 § 15; L. 1950, CH. 762; L. 1947, CH. 820
Opinion #:
2005-16
Type:
Informal
Subject Title:
Board of education member; city supervisor;City supervisor is not a "city office" within the meaning of Education Law § 2502(7); City supervisor is not a "city office" within the meaning of Education Law provision prohibiting members of city school boards from holding a city office
Abstract:
A member of a board of education in a city of less than 125,000 inhabitants is not prohibited by Education Law § 2502(7) from also serving as city supervisor.
Related Statutes:
COUNTY LAW, ART. 5, §§ 150, 153, 154; EDUCATION LAW §§ 2103, 2112, 2502; SECOND CLASS CITIES LAW §§ 11, 112, 210. TOWN LAW §§ 23, 29, 51; L. 1953, CH. 878 § 15; L. 1950, CH. 762; L. 1947, CH. 820
Opinion #:
2005-16
Type:
Informal
Subject Title:
Board of education member; city supervisor;City supervisor is not a "city office" within the meaning of Education Law § 2502(7); City supervisor is not a "city office" within the meaning of Education Law provision prohibiting members of city school boards from holding a city office
Abstract:
A member of a board of education in a city of less than 125,000 inhabitants is not prohibited by Education Law § 2502(7) from also serving as city supervisor.
Related Statutes:
COUNTY LAW, ART. 5, §§ 150, 153, 154; EDUCATION LAW §§ 2103, 2112, 2502; SECOND CLASS CITIES LAW §§ 11, 112, 210. TOWN LAW §§ 23, 29, 51; L. 1953, CH. 878 § 15; L. 1950, CH. 762; L. 1947, CH. 820
Opinion #:
2005-15
Type:
Informal
Subject Title:
Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility; Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility
Abstract:
The delegation in VTL § 1640(a)(22) provides authority for cities and villages to enact regulations setting aside on-street parking for use by employees of an adjacent government facility belonging to another governmental entity, as long as such restrictions are reasonable and rationally related to a legitimate public purpose.
Related Statutes:
VEHICLE AND TRAFFIC LAW §§ 1604, 1640, 1646, 1684; L. 1996, CH. 663
Opinion #:
2005-15
Type:
Informal
Subject Title:
Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility; Authority for cities and villages to set aside parking on highways for employees of an adjacent government facility
Abstract:
The delegation in VTL § 1640(a)(22) provides authority for cities and villages to enact regulations setting aside on-street parking for use by employees of an adjacent government facility belonging to another governmental entity, as long as such restrictions are reasonable and rationally related to a legitimate public purpose.
Related Statutes:
VEHICLE AND TRAFFIC LAW §§ 1604, 1640, 1646, 1684; L. 1996, CH. 663
Opinion #:
2005-14
Type:
Informal
Subject Title:
A violation of Alcoholic Beverage Control Law § 65-c is a criminal offense;Town attorney may prosecute violations of Alcoholic Beverage Control Law § 65-c if duly authorized by the district attorney
Abstract:
A violation of Alcoholic Beverage Control Law § 65-c constitutes a criminal offense subject to prosecution by the district attorney, or someone acting with the proper authorization of the district attorney.
Related Statutes:
ALCOHOLIC BEVERAGE CONTROL LAW §§ 65-b, 65-c, 65-d; COUNTY LAW § 700; CRIMINAL PROCEDURE LAW §§ 1.20, 720.35; GENERAL MUNICIPAL LAW § 136; PENAL LAW § 10.00; VEHICLE AND TRAFFIC LAW § 155; L. 1993, CH. 389; L. 1989, CH. 592
Opinion #:
2005-14
Type:
Informal
Subject Title:
A violation of Alcoholic Beverage Control Law § 65-c is a criminal offense;Town attorney may prosecute violations of Alcoholic Beverage Control Law § 65-c if duly authorized by the district attorney
Abstract:
A violation of Alcoholic Beverage Control Law § 65-c constitutes a criminal offense subject to prosecution by the district attorney, or someone acting with the proper authorization of the district attorney.
Related Statutes:
ALCOHOLIC BEVERAGE CONTROL LAW §§ 65-b, 65-c, 65-d; COUNTY LAW § 700; CRIMINAL PROCEDURE LAW §§ 1.20, 720.35; GENERAL MUNICIPAL LAW § 136; PENAL LAW § 10.00; VEHICLE AND TRAFFIC LAW § 155; L. 1993, CH. 389; L. 1989, CH. 592
Opinion #:
2005-13
Type:
Informal
Subject Title:
A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; The state has preempted the field of parental criminal liability and thus a city may not enact a juvenile curfew law by which parents would be criminally liable for curfew violations by a child
Abstract:
A town may enact a juvenile curfew law pursuant to its home rule 624s if it proves that the provision bears a substantial relationship to an important governmental objective, but it may not charge parents with a violation, punishable by fine and/or imprisonment, if their minor children violate the curfew.
Related Statutes:
N.Y. CONST. Art. IX, § 2(c); EDUCATION LAW §§ 1604(35), 1709(36), 2503(18), 2554(16-c), 2590-g(15); EXECUTIVE LAW § 171; FAMILY COURT ACT §§ 301.2(1), 712(a); GENERAL OBLIGATIONS LAW §§ 78-a, 3-112, 31B3; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW § 260.10(2); STATUTES § 125; L. 1995, CH. 398
Opinion #:
2005-13
Type:
Informal
Subject Title:
A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; The state has preempted the field of parental criminal liability and thus a city may not enact a juvenile curfew law by which parents would be criminally liable for curfew violations by a child
Abstract:
A town may enact a juvenile curfew law pursuant to its home rule 624s if it proves that the provision bears a substantial relationship to an important governmental objective, but it may not charge parents with a violation, punishable by fine and/or imprisonment, if their minor children violate the curfew.
Related Statutes:
N.Y. CONST. Art. IX, § 2(c); EDUCATION LAW §§ 1604(35), 1709(36), 2503(18), 2554(16-c), 2590-g(15); EXECUTIVE LAW § 171; FAMILY COURT ACT §§ 301.2(1), 712(a); GENERAL OBLIGATIONS LAW §§ 78-a, 3-112, 31B3; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW § 260.10(2); STATUTES § 125; L. 1995, CH. 398
Opinion #:
2005-13
Type:
Informal
Subject Title:
A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; A city may enact a juvenile curfew law but may not hold parents criminally liable for a child's violation of the curfew; The state has preempted the field of parental criminal liability and thus a city may not enact a juvenile curfew law by which parents would be criminally liable for curfew violations by a child
Abstract:
A town may enact a juvenile curfew law pursuant to its home rule 624s if it proves that the provision bears a substantial relationship to an important governmental objective, but it may not charge parents with a violation, punishable by fine and/or imprisonment, if their minor children violate the curfew.
Related Statutes:
N.Y. CONST. Art. IX, § 2(c); EDUCATION LAW §§ 1604(35), 1709(36), 2503(18), 2554(16-c), 2590-g(15); EXECUTIVE LAW § 171; FAMILY COURT ACT §§ 301.2(1), 712(a); GENERAL OBLIGATIONS LAW §§ 78-a, 3-112, 31B3; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW § 260.10(2); STATUTES § 125; L. 1995, CH. 398
Opinion #:
2005-12
Type:
Informal
Subject Title:
Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney; Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney; Town attorney may represent town in civil proceedings brought pursuant to Ag & Mkts Law § 121; Town may seek court's leave to intervene in special proceeding brought pursuant to Ag & Mkts Law § 121; Court may order restitution and reparation to victim of dog attack
Abstract:
The attorney for a town may represent the town in civil proceedings brought pursuant to Agriculture and Markets Law ' 121, but may prosecute criminal violations of dog control laws only if duly authorized by the district attorney. The town may seek the court=s leave to intervene in a special proceeding brought pursuant to Agriculture and Markets Law ' 121. Restitution and reparations to the victim of a dog attack may be ordered.
Related Statutes:
AGRICULTURE AND MARKETS LAW, ART. 9, §§ 106, 107, 108, 119, 121, 124, 125; COUNTY LAW § 700(1); C.P.L.R. § 401; CRIMINAL PROCEDURE LAW §§ 1.20(39), 10.10, 10.30; PENAL LAW §§ 10.00, 60.00, 60.27; TOWN LAW §§ 20, 65
Opinion #:
2005-12
Type:
Informal
Subject Title:
Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney; Town attorney may prosecute criminal violations of dog control laws only if duly authorized by the district attorney; Town attorney may represent town in civil proceedings brought pursuant to Ag & Mkts Law § 121; Town may seek court's leave to intervene in special proceeding brought pursuant to Ag & Mkts Law § 121; Court may order restitution and reparation to victim of dog attack
Abstract:
The attorney for a town may represent the town in civil proceedings brought pursuant to Agriculture and Markets Law ' 121, but may prosecute criminal violations of dog control laws only if duly authorized by the district attorney. The town may seek the court=s leave to intervene in a special proceeding brought pursuant to Agriculture and Markets Law ' 121. Restitution and reparations to the victim of a dog attack may be ordered.
Related Statutes:
AGRICULTURE AND MARKETS LAW, ART. 9, §§ 106, 107, 108, 119, 121, 124, 125; COUNTY LAW § 700(1); C.P.L.R. § 401; CRIMINAL PROCEDURE LAW §§ 1.20(39), 10.10, 10.30; PENAL LAW §§ 10.00, 60.00, 60.27; TOWN LAW §§ 20, 65