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.
No New York opinions match these filters
Try a different search term or clear the filters.
Can a New York town license and regulate vans used as taxicabs that operate within its borders, given that the State has centralized regulation of common carriers under the Department of Transportation?
Yes, but only for vans operating as local taxi or livery service entirely within the municipality's boundaries. Transportation Law § 151(11) carves out city-, town-, and village-regulated taxi service…
Can a deed identify the property only by a tax map block-and-lot reference and still be accepted for recording with the county clerk?
Yes. A deed that identifies real property by tax map reference is in recordable form and the county clerk must accept it, whether the grantor is the county (after a tax foreclosure) or a private party…
How can a New York village dedicate land it already owns as a park, and what happens if it later wants to use the parcel for something else?
A village board of trustees may dedicate village-owned land as parkland either by resolution under Village Law § 6-624 or by local law under the Municipal Home Rule Law. A local-law route requires a p…
Can a town attorney represent a town judge in a grievance proceeding before the New York State Commission on Judicial Conduct?
No. Public Officers Law § 18, the local-option defense-and-indemnification statute, only covers civil actions and proceedings in State or Federal courts. A judicial-conduct grievance is not in either,…
Can a New York county civil service commission refuse to hire a security guard applicant for a prior misdemeanor when the State has already registered him as eligible to work as a security guard?
Yes, with limits. New York's Security Guard Act sets minimum registration standards for security guards but does not preempt an employer's right to apply more stringent hiring standards. The Nassau Co…
If a New York city mayor resigns on August 1, when does the city hold an election to fill the seat?
November election. Under N.Y. Const. art. XIII, § 3 and Public Officers Law § 42(1), a vacancy in the office of mayor of the City of Watervliet that occurred on August 1, 1996 had to be filled for the…
Can the same person in New York serve as police chief of one town and as a board of assessment review member in a different town?
Yes. A person may serve simultaneously as chief of police of one New York town and as a member of another town's board of assessment review. No statute prohibits the combination, and the People v Gree…
Can a New York town or village provide legal defense and indemnification for officers of a joint fire district under Public Officers Law section 18?
No. Only the joint fire district itself may provide defense and indemnification under POL § 18, because the district exists to benefit the property within it, not the constituent municipalities.
In New York, is the district attorney required to prosecute violations of a village's local laws and ordinances?
No. The DA can require local officers or the village attorney to handle prosecutions of petty offenses and violations of village regulations, as long as the DA stays informed and consents to non-DA ap…
Can a New York town use a different definition of 'mobile home park' for its site-plan review than the State law uses for landlord-tenant regulation?
Yes. New York Real Property Law § 233's regulation of mobile home parks preempts local laws on mobile home park landlord-tenant relations but does not reach local site-plan review or zoning. So a town…
In New York, can the same person serve as deputy town supervisor and president of a local school board at the same time?
Yes. New York's bar on a town supervisor sitting on a school board doesn't extend to the appointed office of deputy town supervisor; the AG's office superseded a contrary 1966 opinion in concluding th…
Can the Rensselaer County Attorney in New York also serve as counsel to the Troy Industrial Development Authority?
Yes. The Rensselaer County Attorney can also serve as counsel to the Troy Industrial Development Authority. The two are legally independent of each other, the county is not the city, and TIDA is an in…
Can the same person in a New York town serve as both the town's appointed assessor and the local political party chair?
Yes. A New York town assessor may also serve as a local political party chairperson. A political party chair is a party office under Election Law § 1-104(5), not a State or local public office. The do…
If a New York town supervisor sends his resignation letter to the town board with a copy to the town clerk, is that a valid resignation?
Yes. A New York town supervisor's resignation became effective once a copy of the resignation letter was delivered to the town clerk's office, even though the letter was technically addressed to the t…
When a Suffolk County, New York, landowner files a certificate to abandon a paper street, does the town assessor have to rubber-stamp it, or can the assessor refuse?
Discretion. Under Real Property Law § 335(3), when a landowner in Suffolk County files a certificate of abandonment for a subdivision (including paper streets), the assessor or board of assessors in e…
Do unpaid volunteers serving on New York's regional EMS councils and medical advisory committees get state-paid legal defense and indemnification if they are sued for committee work?
Yes. The AG concluded REMSCO and REMAC members are state 'employees' for purposes of Public Officers Law § 17 and are eligible for defense and indemnification when sued over acts within the scope of t…
What happens to a New York village's leftover money after the village is dissolved, sold off, and its debts paid?
The dissolution plan controls. A New York village's dissolution proposition under Village Law § 19-1904 must include a plan for disposing of village property and paying outstanding obligations. The pl…
If a valid petition to dissolve a New York village is filed but doesn't request an early referendum, can the village board push it to an early vote anyway?
No. Under Village Law § 9-912(1), when a valid petition for dissolution of a village is filed, the village board of trustees must submit the proposition in accordance with the petition. If the petitio…
Can a New York town charge a property owner when the police or fire department responds to a false alarm, or does State alarm-system law preempt that?
Yes. A New York town may impose charges on property owners for false emergency alarms to which the police or fire department responds. The state's alarm-business regulation (Article 6-D of the General…
Can a New York village trustee also be vice president of an incorporated fire department fundraising entity and a volunteer firefighter, and vote on the fire department budget?
Yes, with one recusal. A New York village trustee can also serve as a volunteer member of the village volunteer fire department and as vice president of a separately incorporated fire department fundr…
Can the mayor of a New York village also serve as the chairperson of the town zoning board of appeals for the town the village sits in?
Yes, but with recusal. A New York village mayor can serve simultaneously as the chairperson of the town zoning board of appeals, because the two offices are in different governmental units and neither…
Can a New York county set fixed terms of office for its Industrial Development Agency board members, or do they serve at the appointing authority's pleasure?
Serve at pleasure. Under General Municipal Law § 856(2), members of the Montgomery County Industrial Development Agency are appointed by the county governing body and serve at its pleasure. The county…
If a New York city wants to take away the mayor's sole appointment power and require city council consent, does the change have to go on the ballot?
Yes. Under Municipal Home Rule Law § 23(2)(f), a local law that abolishes, transfers, or curtails any power of an elective officer is subject to mandatory referendum. The City of Ithaca's local laws m…
Can a New York state agency spend public funds to educate the public about a Governor's reform proposal, or does that cross the line into illegal partisan advocacy?
Yes. The AG concluded the Workers' Compensation Board may use state funds to explain proposed reforms, why they were proposed, and their anticipated effects, so long as the materials are educational r…
If a New York town supervisor has a son in the town police department, can she vote on the police contract or the police budget?
Partly. A New York town supervisor whose son is a sergeant in the town police department must recuse from actions affecting the terms and conditions of her son's employment, including negotiations on …
Can the same person serve on a New York town board and chair the village zoning board of appeals for a village inside that town?
Yes, the two positions are compatible. Under the People ex rel. Ryan v Green test for compatibility of office, neither role is subordinate to the other and the duties are not inherently inconsistent. …
When the Racing and Wagering Board changed how it rounded off-track betting payouts after the 5% surcharge, did that count as 'rulemaking' that had to be formally adopted through SAPA?
Yes. The AG concluded the Board does have authority to fix post-surcharge breakage at OTBs, but because that breakage is a fixed numerical formula of general applicability, the Board had to adopt it t…
Can a New York Soil and Water Conservation District legally cover its own board members and employees against lawsuits, or does that have to come from somewhere else?
Yes. The AG concluded the district's board can opt in to Public Officers Law § 18 and cover its own people, or the county that established the district can agree to defend and indemnify district perso…
If a private architect or engineer audits New York City building filings and later testifies for the state in a misconduct case, will the state defend and indemnify them if they get sued?
Yes. The AG concluded that members of architectural and engineering professional associations who audit filings under NYC's professional certification program and testify at Education Department misco…
If a bank makes advances under a reverse mortgage decades after recording the mortgage, does the lender still keep first-priority lien position?
Yes. The AG concluded that priority of a reverse-mortgage lien dates from the recording, regardless of when individual advances are made, and the 20-year cap that applies to ordinary credit-line mortg…
Can a New York town hire a for-profit business to handle dog control, or does the contractor have to be a not-for-profit?
Not-for-profit. Under Agriculture and Markets Law § 114, when a New York municipality contracts out for dog control services instead of (or in addition to) appointing its own dog control officer, the …
When a New York town creates a third town justice position, does the town board appoint someone to fill it right away, or does the seat have to wait for a general election?
Election. When a New York town establishes a new town justice position, the first holder of that seat must be chosen by the voters at a general town election, not appointed by the town board. The newl…
In a non-charter New York county, can the community services board put the director of mental hygiene on a fixed term instead of leaving the position open-ended?
Yes. In a non-charter New York county, the community services board (which is the body that appoints and removes the director of mental hygiene under Mental Hygiene Law § 41.09(a)) may set a fixed ter…
Can a New York town board member also work as the deputy highway superintendent or a town highway laborer?
No. Serving simultaneously as a town board member and as the deputy superintendent of highways or as a highway department laborer was incompatible under the People v Green standard. The town board con…
Can a New York town's zoning law treat an accessory apartment differently if it's rented to a relative versus a stranger?
No. New York's foundational zoning rule is that zoning regulates land use, not who owns or occupies the land. A local zoning regulation that lets an accessory apartment be used by a relative of the ho…
When the State Legislature lets the Division of Housing and Community Renewal's authority to administer New York's federal HOME affordable-housing funds lapse, can the Governor unilaterally designate a different state corporation to keep the program running, or does that require legislative approval?
Yes, the Governor can act alone. Federal law (24 CFR § 92.2; 42 USC § 12704) lets a State qualify as a HOME participating jurisdiction through any agency or instrumentality designated by the chief exe…
If a county supervisor in New York is suing his own county, does he have to step aside from all budget votes?
No, not from all budget votes. A New York county board of supervisors member who has filed a lawsuit against the county and one of its officials must recuse from votes on that lawsuit and similar liti…
Can a New York Business Improvement District spend its assessments on improvements outside the district's boundaries?
No, not without amending the district plan first. A New York business improvement district can only spend its assessment revenues on improvements and purposes set out in its adopted district plan, and…
Can a New York county attorney deputize social services department lawyers to handle Family Court cases, and do those lawyers have to be sworn in?
Yes. Under Social Services Law § 66, a New York county legislature can authorize the appointment of attorneys in the social services department and let the county attorney deputize them to assist with…
Can a NY village mayor also serve on the town's board of assessment review when the village uses the town's assessment roll?
No. The AG concluded that the positions of village mayor and town board of assessment review member are incompatible when the village uses the town assessment roll and the town BAR hears grievances on…
Must a NY town board member recuse from voting on suing the assessment review board when her husband chairs that board?
Yes, recuse. The AG concluded that a town board member should recuse herself from deliberations and voting on possible legal action by the town against the board of assessment review when her husband …
Can a NY county require municipal police departments inside the county to report bias-motivated crime incidents to the county?
Yes. The AG concluded that Westchester County could enact a local law requiring municipal police departments within the county to report bias-related incidents to the county's Department of Public Saf…
Can the New York Department of Environmental Conservation issue 'temporary revocable permits' to a utility to install electrical cables on the beds of two Adirondack forest preserve lakes so that nearby private residences can have electric service?
No. Article XIV, § 1 of the State Constitution ('forever wild') prohibits leasing, selling, exchanging, or taking forest preserve land by any corporation. The DEC's permitting authority does not reach…
Can a NY town create a temporary flood disaster department and appoint the town supervisor as administrator, without a referendum?
Yes. The AG concluded that a town may use its home-rule authority to enact a local law creating a temporary flood disaster department under the town board's supervision. The local law is not subject t…
Can a sitting NY town board member resign and then be appointed by his fellow board members to a paid town position like zoning enforcement officer?
Yes. The AG concluded that Town Law § 64(5) authorizes a sitting town board member, otherwise qualified, to resign and then be appointed by the board to fill a vacancy in town office. The statute over…
Can the same person be Troy's corporation counsel and serve on the Troy school board?
No. The AG concluded that a person may not simultaneously serve as Troy's corporation counsel and as a member of the Troy City School Board. Education Law § 2502(7) bars the same person from holding t…
Does a NY volunteer fire/rescue department have to honor a nonhospital DNR order, keep DNRs on file, and check them before answering 911 calls?
Must honor; need not maintain files. The AG concluded that a village volunteer fire/rescue department is required to honor nonhospital DNR orders issued under Public Health Law § 2977, and may disrega…
Is a real estate marketing program where sellers pay into a fund that funds a drawing for a $10,000 broker cash prize and a buyer trip an illegal lottery under New York law?
Yes. The 'Good as Gold' promotion combines the three elements of an unlawful lottery — consideration, chance, and a prize — and violates both N.Y. Const. art. I, § 9 and Penal Law § 225.00. Removing t…
Can the Buffalo Commissioner of Neighborhoods, Housing and Inspections also serve on the Buffalo Municipal Housing Authority's board of commissioners and on the board of a HUD Section 8 administering nonprofit?
Yes. The three positions are compatible. The State authorized one city officer to sit on the BMHA board (Public Housing Law § 30(4)). The housing authority and the city are legally independent corpora…
Can CUNY do more than hand out voter registration forms, such as helping students fill them out and transmitting them to the Board of Elections?
Yes. The AG concluded that while CUNY had not been designated as a participating voter-registration agency and was not required to do more than the form-distribution mandate of Election Law § 5-211, t…
Must NY agencies index every decision where due process requires a hearing, or only decisions where a statute specifically grants the opportunity to be heard?
Only when a statute provides the opportunity. The AG concluded that, as amended by L 1995 ch 645, SAPA § 307(3)(a)'s expanded indexing requirements are triggered only when an explicit statutory 'oppor…
Can a New York town board appoint two court clerks, one to serve each of the town's two elected justices?
Yes. The 1990 Town Law amendments giving town justices a say in court clerk appointments did not limit the number of clerks; the town board can appoint one clerk per justice.
Can a New York village move authority over police discipline from the village board to the village manager?
Yes, but only by enacting a local law that supersedes Village Law § 8-804, and the change is subject to a mandatory referendum because it transfers a power of an elective officer.
Can a NY county formally dedicate land in front of a county office building as a Korean War Veterans Memorial Park?
Yes. The AG concluded that a county may dedicate land as a Korean War Veterans Memorial Park under its home-rule authority over county property. Once dedicated, the land is held in public trust and ca…
Can NY towns use the civil fine-collection process under CPL § 420.10 for unpaid junkyard fines and building-code violations?
Yes. The AG concluded that the Criminal Procedure Law, including § 420.10's civil collection process, applies to fines imposed for violations of General Municipal Law § 136 (automobile junk yards) and…
Can a NY hospital resident's or intern's prescription be filled at a regular pharmacy outside the hospital where they work?
Yes. The AG concluded that prescriptions written by hospital residents and interns, while practicing in the hospital where employed under the supervision of a licensed physician, may be filled at any …
Can a NY town that bought parkland with 1960 bond-act money sell timber, lease to the Chamber of Commerce, grant easements, or build a town hall on it?
No to all four proposals. The AG concluded that Parks, Recreation and Historic Preservation Law § 15.09 bars municipal use of land bought with 1960 Park and Recreation Bond Act funds for anything othe…
Can the same person serve as both town supervisor and the mayor of a village inside that town?
No. The AG concluded that a person may not simultaneously hold the offices of town supervisor and mayor of a village within the same town. The two are incompatible under the Ryan v Green test because …
Can a NY town shorten the supervisor's term back from four years to two years after voters approved the longer term?
Yes. The AG concluded that a town board may reduce the term of its supervisor from four to two years by enacting a local law subject to a mandatory referendum. Although Town Law § 24-a only provides f…
Can a NY town approve a single combined sewer rate for two separate sewage-works corporations operating in different areas?
No. The AG concluded that each sewage-works corporation organized under Transportation Corporations Law Article 10 must petition for a sewer rate tied to the cost of operating and maintaining its own …
Browse New York opinions by topic
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.