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 New York village mayor also serve as a fire commissioner of a joint fire district established by that village?
No. The Town Law and Village Law give the village board (with the town board) substantial authority over a joint fire district, including extending it, dissolving it, approving real-property acquisiti…
Can a New York part-time assistant town attorney whose duties are limited to one town board represent private clients before other town boards?
Yes, but only with strict guardrails. Compensation must reflect the reasonable value of services rendered, not a contingency tied to agency action. The attorney also has to avoid common-law conflicts …
Can a New York city building department typist also serve on the same city's zoning board of appeals?
No. The AG concluded the positions were incompatible because the typist's supervisor (the building inspector and zoning administrator) had determinations subject to review by the zoning board, creatin…
Can a village trustee in New York sit on a police disciplinary hearing where her own son is a witness?
No. The AG concluded a Mount Kisco trustee should fully recuse, including from deliberations and executive session, where her son (a patrol officer) might testify in a disciplinary case. Even without …
Can off-duty employees of a New York public water authority moonlight as plumbers installing private service lines that connect to the authority's water mains?
No, regardless of whether those employees personally inspect the work. The AG concluded that Suffolk County Water Authority employees should not take off-duty work installing private water service lin…
Can a village put a part-time police officer's towing business on the official rotation list the police use to call towers?
Yes, if the village uses an automatic rotation system and takes steps to keep the officer from being involved in calls that benefit his own business. The AG warned that the officer's own business shou…
Can a town highway superintendent privately moonlight for the town's water district, operating heavy equipment to repair water pipes located under town roads?
No. The AG concluded that a town highway superintendent's operation of heavy equipment for the town water district to repair water pipes under a road, whether in his official or private capacity, crea…
Does a village attorney have a conflict of interest if they also represent a private client in a matter pending before a town planning board on which the village's mayor sits?
No. The AG concluded the village attorney did not have a disqualifying conflict, because the mayor's role on the town planning board is independent of the village attorney's representation of private …
Can a New York town's deputy building inspector inspect the building inspector's own home and issue permits, given that the deputy reports to the inspector?
Yes, under the rule of necessity. The AG concluded the deputy may inspect and issue any required permits because the deputy and the inspector were the only individuals authorized to do so. Ideally a d…
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 town assessor privately represent a property owner who also owns property in his own town?
No, not without resolving the overlap. The AG concluded the situation creates at least an appearance of impropriety because the public would reasonably question whether the assessor can value the clie…
If a planning board member declares a conflict of interest, do they have to leave the room during deliberations?
Yes. The AG concluded that once a planning board member has declared a conflict of interest, recusal must mean physically absenting themselves from the board's proceedings on the matter, not just abst…
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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.