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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.
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.
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.
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.
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.
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Town board's appointment power to fill vacancy in elective office may be superseded by local law requiring special election to fill a vacancy.; Town board's appointment power to fill vacancy in elective office may be superseded by local law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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.