New York Attorney General Reports Court Cases

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  1. Opn. No. (1996)

    Richard Gabriele, Esq. Informal Opinion Village Attorney No. 96-9 Village of Great Neck Plaza The Chancery 190 Willis Avenue Mineola, New York 11501


    Court: New York Attorney General Reports
  2. Opn. No. (1978)

    "The Mayor of a Village which has adopted the four year term of office for Mayor and for all Trustees by resolution and permissive referendum in accord with § 3-302 (5) (a) of the Village law made a motion to reduce to two years the term of office of Mayor and of all Trustees in accord with § 3-302 (5) (b) of the Village Law which motion was not carried."


    Court: New York Attorney General Reports
  3. Opn. No. (1981)

    Assistant County Attorney Paniccia has requested a legal opinion in relation to zoning, planning and site plans. We issued an informal opinion published in 1977 Op Atty Gen 200 to the effect that when city, town and village planning boards are empowered to review site plans, such site plans are not reviewable by county planning agencies under General Municipal Law § 239-m even though such site plans are located within the areas specified by the section. Mr. Paniccia points out that the [...]

    Court: New York Attorney General Reports
  4. Opn. No. (1981)

    You ask whether a city may regulate in those areas not covered by section7209(3) of the Education Law and whether the private sector is regulated by State law in similar fashion as is the public sector under section 7209(3).


    Court: New York Attorney General Reports
  5. Formal Opinion No. (1988)

    Your counsel has inquired whether commissioners of the Lake George Park Commission are covered by the provisions of section 17 of the Public Officers Law. The concern is the potential liability of the commissioners in developing wastewater control regulations that may include a temporary moratorium on the issuance of permits until comprehensive regulations are enacted.


    Court: New York Attorney General Reports
  6. Opn. No. (1980)

    There is no bar to one individual's simultaneously holding two public positions unless in relation to one or both of them, there is a constitutional or statutory prohibition (we know of none) or some similar disqualification contained in a municipal charter, a local law or a local code of ethics or there has been a contrary ruling by a local board of ethics. Naturally, we are unable to comment on such local provisions as may be applicable. (Qualifications for office may be set by local action [...]

    Court: New York Attorney General Reports
  7. Informal Opinion No. (1988)

    In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office isPeople ex rel. Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. The former can be characterized as "you cannot be your own boss", a status [...]

    Court: New York Attorney General Reports
  8. Opn. No. (1980)

    This is in response to the requests made by your Counsel, Sanford H. Levine, as to whether two recent Federal District Court decisions mandate reexamination of that part of our November 22, 1977 opinion (1977 Ops Atty Gen 74) stating that the State University has the authority to withhold the transcript of a student loan debtor who defaulted on his repayment obligations but subsequently received a discharge in bankruptcy from such loan.


    Court: New York Attorney General Reports
  9. Opn. No. (1978)

    We acknowledge receipt of your letter inquiring whether a sheriff may levy an income execution on the wages of a judgment debtor whose gross cash wages are $80 but who also receives room and board from his employer valued at $69.36 per week, for a total value per week of $149.36.


    Court: New York Attorney General Reports
  10. Informal Opinion No. (1988)

    You have asked whether the name of a limited partnership may contain the word "limited" or an abbreviation thereof in the absence of any other word or abbreviation indicating that the entity is a limited partnership.


    Court: New York Attorney General Reports
  11. Opn. No. (1980)

    As attorney for the Town of Victor you have requested an opinion whether your town board is required to give prior approval or consent to the commencement of a proceeding under Public Officers Law § 80


    Court: New York Attorney General Reports
  12. Opn. No. (1992)

    You have asked that we construe the meaning of the term "adjoining" as used in section 703 (1) of the General Municipal Law, relating to municipal annexation.


    Court: New York Attorney General Reports
  13. Opn. No. (1991)

    In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office isPeople ex rel. Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. The former can be characterized as "you cannot be your own boss", a status [...]

    Court: New York Attorney General Reports
  14. Opn. No. (1982)

    Your counsel has asked whether a county director of real property tax services may also serve as a town assessor in a town outside the county in which the individual serves as county director. (Your counsel has said that the two offices are incompatible if the town is within the county [6 Op Counsel SBEA, No. 39, p 100], a conclusion with which we agree.)


    Court: New York Attorney General Reports
  15. Formal Opinion No. (1986)

    This is in response to a request from your counsel for an opinion as to whether the practice whereby automobile leasing companies charge the lessee of an automobile a fee for the purchase of a collision damage waiver (CDW) constitutes doing an insurance business by the lessor under section 1101 of the Insurance Law. In a 1977 opinion, we concluded that the CDW did not constitute insurance (1977 Op Atty Gen 63). Pursuant to your request we have considered our conclusion in that earlier opinion [...]

    Court: New York Attorney General Reports
  16. Opn. No. (1978)

    Article 17, Title 8 of the Environmental Conservation Law, when read together with the rules and regulations promulgated thereunder and found at 6 NYCRR 750-757, constitute adequate authority for the issuance of State Pollutant Discharge Elimination System permits to Federal facilities by the State of New York.


    Court: New York Attorney General Reports
  17. Informal Opinion No. (1989)

    I am writing in response to your request for an Attorney General's opinion as to the authority of a county clerk to charge a fee for the assignment of an index number upon the filing of a notice of pendency under article 65 of the CPLR.


    Court: New York Attorney General Reports
  18. Opn. No. (1997)

    Your counsel has inquired whether the Department of Transportation (DOT) is authorized to reimburse an employee for legal fees expended to defend his right to retain a driver's license in a motor vehicle hearing convened to investigate an accident.


    Court: New York Attorney General Reports
  19. Opn. No. (1998)

    You have requested a formal opinion as to whether individuals convicted of either felonies or misdemeanor crimes of domestic violence may be appointed as peace officers. You have asked that we consider whether their convictions preclude such appointment by virtue of the provisions of the federal Gun Control Act (GCA), 18 U.S.C. § 921, et seq. The Division of Criminal Justice Services certifies peace officers upon successful completion of the training required by law. Criminal Procedure Law [...]

    Court: New York Attorney General Reports
  20. Informal Opinion No. (1989)

    You have asked whether the elected supervisor of one town may serve simultaneously as the appointed assessor of a different town. You indicated in a phone conversation that the supervisor also serves on a county board of supervisors.


    Court: New York Attorney General Reports

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