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 the same person serve as both a water district commissioner and a fire district commissioner in New York when the two districts contract for hydrants and water service?
Yes, but conditionally. One person could hold both offices if matters affecting both districts came up rarely. He or she had to recuse on the hydrant contract, water sales, and backflow testing. If co…
Can a New York village design review board include a practicing architect whose firm occasionally has projects before the board?
Yes. The architect did not have to resign as long as his firm's projects came before the board only rarely (about once a year). On those occasions he had to recuse entirely. If conflicts became freque…
If a developer sues a New York village board, do the board members automatically have to recuse from later applications by the same developer or a related entity?
No. Pending litigation does not automatically disqualify board members from hearing later applications by the plaintiff. The board must look at the specific facts, including personal liability exposur…
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 a village police officer in New York also serve as a member of the village zoning board of appeals?
Yes. The AG concluded the offices are compatible. No statute prohibits the combination; Village Law § 3-300(3) bars only elective-plus-appointive village office combinations, and the police officer is…
Can a New York county legislator also serve on the board of the Montgomery-Otsego-Schoharie Solid Waste Management Authority, given the extensive interaction between the Authority and the participating counties?
Yes. The AG concluded that the positions are compatible. Public Authorities Law § 2041-b requires MOSA board members to be county residents and bars only elected officials being appointed as MOSA empl…
Can the mayor of a New York city serve at the same time as a member of the county legislature?
Yes. The AG concluded that the positions of city mayor and county legislator are compatible. County Law § 411 does not list either office in its bar on dual elective county/town office, and the AG saw…
When a village mayor works full time for the county sheriff's department, can he vote on a contract that would shift village policing to the sheriff?
No. The AG concluded that the village mayor, who was a full-time Technical Sheriff in the Wyoming County Sheriff's Department, had an actual or perceived conflict of interests and had to recuse from n…
Should a village mayor and trustee who also serve as joint fire district treasurer and volunteer firefighters recuse from voting on the sale of village property to the fire district?
Probably yes. The AG concluded that if the mayor and trustee have divided interests that could affect their impartiality or create an appearance of impropriety, they should not participate in delibera…
Can the same person serve as both town comptroller of a New York town and village treasurer of a village located partly within the same town?
Yes. The AG concluded the positions of town comptroller and village treasurer are compatible, even though four-fifths of the village is located in the town. Each officer performs duties for a separate…
If a city council member's employer is also the city's biggest taxpayer and contracting partner, do they have to recuse themselves when matters involving the employer come up for a vote?
Yes. The AG concluded that a city council member must avoid circumstances that compromise their ability to make decisions solely in the public interest, so when their employer has an interest in a mat…
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…
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. …
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…
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…
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 …
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…
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.