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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Is a BOCES staff member who investigates state test security breaches on behalf of the State Education Department covered by the state's defense-and-indemnification statute, even though the State doesn't pay them?
Yes. The AG concluded that a BOCES district superintendent's staff investigator, when designated as an integrity officer and conducting test security breach investigations under State Education Depart…
If you serve on a New York state advisory council without pay, does the state still defend and indemnify you if someone sues you over your council work?
Yes. The AG concluded that members of the Security Guard Advisory Council qualify as state 'employees' under Public Officers Law § 17 even though they are unpaid, because they are appointed by the Gov…
Are members of the New York State Deferred Compensation Board covered by the State for legal defense and indemnification if they get sued?
Yes. The AG concluded Board members are 'employees' in the service of the State under Public Officers Law § 17 and are entitled to defense and indemnification. The Board is not a public benefit corpor…
Are the doctors who do physicals and fitness-for-duty exams for the New York State Police covered by state defense and indemnification under Public Officers Law § 17?
No. The AG concluded that physicians who perform services for the Division of State Police under Executive Law § 215 (the Division Physician, Assistant Division Physicians, and those without title) ar…
Can a New York village enact its own defense and indemnification law for municipal officers, instead of relying on Public Officers Law § 18, even if the local law limits an officer's choice of conflict counsel?
Yes. The AG concluded that Public Officers Law § 18 is not the exclusive scheme for local defense and indemnification. A village may, under municipal home rule authority, enact its own local law provi…
Can a New York State agency reimburse an employee's attorney's fees for defending a Department of Motor Vehicles license revocation hearing after an on-duty accident?
No. The AG concluded that Public Officers Law §§ 17 and 19 cover only civil or criminal proceedings in state or federal court (plus grand jury appearances under § 19); they do not cover administrative…
Can the State defend and indemnify the Hunter College Foundation, a private not-for-profit fundraising affiliate of CUNY, once it takes ownership of the Roosevelt House?
No. The AG concluded the State has no statutory authority to defend or indemnify the Hunter College Foundation or its employees. Education Law § 6205(1) covers CUNY senior college officers and employe…
If a New York BOCES district superintendent gets sued for actions in their state-level supervisory role, does the state cover their defense and indemnification under Public Officers Law § 17?
Yes, but only for state-function lawsuits. The AG concluded a district superintendent of a supervisory school district is a state employee covered by Public Officers Law § 17 when sued in connection w…
Does a New York county have to defend and indemnify an official sued under General Municipal Law § 51 (the taxpayer-waste statute), and does it matter whether the official is sued in his individual or official capacity?
The duty to defend turns on scope of employment, not on capacity. The AG concluded the county must defend an official when the complaint alleges that the acts occurred within the scope of public dutie…
If a volunteer fire chief or assistant chief is sued for sex discrimination at the State Division of Human Rights, does the village have to pay for their lawyer under Public Officers Law § 18?
No, not automatically. The AG concluded Public Officers Law § 18's defense and indemnification duties are limited to civil actions or proceedings in state or federal court, which does not include Divi…
Are uncompensated volunteer physicians and clinic staff at a SUNY medical school entitled to State defense and indemnification under Public Officers Law § 17?
Yes. The AG concluded that physicians, nurses, and other health care personnel volunteering through a SUNY-approved clinical program at Binghamton were State employees within the meaning of Public Off…
Do the doctors, nurses, and other health professionals who review Medicaid treatment plans for the New York Department of Health get state-funded legal defense and indemnification if they are sued?
Only those listed in Public Health Law § 14. The AG concluded the Medicaid prior-authorization consultants are independent contractors, not state employees, so they do not qualify under Public Officer…
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,…
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…
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 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…
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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.