New York Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New York, with full citations and the original source on every page.
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Can a NY county legislator also hold a paid civil-service job in the county's social services department?
No. The AG concluded the two positions are incompatible. Even though the legislator is in a collective bargaining unit (so his immediate salary is fixed) and the social services commissioner runs day-…
Can a NY village board reappoint one of its own members as the village's building and bingo inspector?
No. The AG concluded the building inspector's actions (proposing permits and condemnation recommendations) are reviewed by the village board, so the offices are inevitably and recurrently conflicting;…
Can a NY county coroner also serve as a village trustee at the same time?
Yes. The AG concluded no statute bars the combination (County Law § 411 prohibits an elective county officer from holding another county or town elective office or a city supervisor seat, but pointedl…
Can a planning board member also work as a full-time computer services employee for the same town?
Yes. The AG concluded no statute prohibits the combination, and the two positions are compatible at common law: the computer services job is not subordinate to the planning board and the duties do not…
Can the same person serve as a New York village's code enforcement officer and also sit on the village planning board?
Yes. The two positions are compatible. They are not subordinate to one another, their duties do not conflict, and any case-specific conflicts can be handled by recusal.
Can someone serve on the city council if they also work as a city firefighter?
No. The AG concluded the offices are incompatible. The city council controls the fire department's budget, including firefighters' salaries and benefits, so a council member who is also a firefighter …
Can the same person sit on both a town's zoning board of appeals and its board of assessment review?
Yes. No statute prohibits the combination, and the offices are compatible under the common-law Ryan v Green test: neither is subordinate to the other, and their duties (hearing zoning-enforcement appe…
Do members of a town conservation board have to live in the town?
No, when the board is strictly advisory. The AG concluded that because the Town of Mendon's conservation board had no decision-making power and only made recommendations to the planning board, its mem…
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Attorney general opinions in New York are written by the New York Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.