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 the Permanent Citizens Advisory Committee to the MTA (and its three commuter councils) raise its own funds, get IRS 501(c)(3) status, take public donations, or apply for grants from state agencies?
No to all three. AG Schneiderman concluded that PCAC and the LIRR, Metro-North, and NYCTA councils are statutory creatures with only the powers expressly granted (study, investigate, monitor, recommen…
Can a New York industrial development agency (IDA) create a subsidiary corporation (often a § 1411 local development corporation) or hand out grants or loans from its own revenue to other public or private interests?
No, on both counts. AG Schneiderman concluded that IDAs are creatures of statute with only the powers expressly granted or necessarily implied; the IDA enabling statute (Article 18-A) does not authori…
Can a New York town transfer a town cemetery to a village within its borders without special legislative authorization?
The AG concluded that a town could not transfer a town-owned cemetery to a village under General Municipal Law § 72-h. Town cemeteries are inalienable by state law unless interments are removed, and §…
If a New York village has a police department, must it employ a chief of police, or can the village board eliminate the position when the current chief retires?
The AG concluded that a New York village that has a police department must also have a chief of police under Village Law § 8-800(1), unless the 1985 grandfather clause applied (no chief in place when …
If the Port Jervis city council has no minority-party members, can the city appoint additional majority-party members to fill the open seats on the Community Development Agency board?
The AG concluded that General Municipal Law § 584 did not authorize additional majority-party appointees to the Port Jervis CDA board when the city council had no minority-party members. The CDA simpl…
Did Ulster County dedicate flood-buyout properties as public parkland just by signing the deed assurances required by the Greater Catskills Flood Remediation Program?
The AG concluded that the deed-assurance language required by the Greater Catskills Flood Remediation Program (use 'compatible with open space, recreation, flood mitigation or wetlands management') di…
How many Nassau Health Care Corporation board members are needed for a quorum and to approve action when there are vacancies on the board?
The AG concluded that Public Authorities Law § 3402(2)(c) controlled, so Nassau Health Care Corporation's quorum was 60% of directors then in office (varying with vacancies), and an action needed a ma…
Does a business that only cashes corporate or commercial checks (not consumer paychecks) need a New York check-cashing license?
Yes. The plain language of Banking Law § 367(1) requires a license for anyone engaged in the business of cashing checks for consideration, with no carve-out for businesses that handle only commercial …
When the New York Legislature enacts a salary increase for state Supreme Court Justices effective January 1, do justices start earning the new salary on January 1 or at the start of the next pay period?
At the start of the next payroll period nearest to the statute's effective date. The 1998 pay raise statute used the standard 'date of entitlement to salary increase' clause, which the Comptroller has…
Does New York's 2004 MTBE gasoline ban prohibit shipping MTBE-blended gasoline through the state in transit?
No. The 2004 MTBE ban prohibits importing, selling, dispensing, or offering for sale MTBE-blended gasoline in New York. The AG read 'import' in its ordinary sense: to bring in for use. Gasoline that o…
Can the New York Crime Victims Board pay business start-up or business-enhancement costs for a disabled crime victim under its rehabilitative training authority, and is self-employment a valid goal?
No to the first two questions, conditional yes to the third. Executive Law § 631(2) authorizes rehabilitative occupational training, not general business start-up or enhancement costs. But self-employ…
Can a New York city ask the state to install a 15 mph school speed limit on a state highway running past a college?
No. The AG concluded that colleges and universities are not 'schools' under Vehicle and Traffic Law § 1620, because the DOT regulation governing school speed limit signs requires the institution to ha…
In New York, can the county legislature let social services department attorneys handle their own litigation without going through the county attorney?
Yes. The AG concluded that under Social Services Law § 66(1), a county legislative body may directly authorize attorneys appointed by the social services commissioner to represent the department in li…
Can a New York car dealer's staff use dealer plates to run errands like picking up parts or driving customers to and from the shop?
No. The AG concluded that Vehicle and Traffic Law § 415 limits dealer-plate use to sale, demonstration, and the specific other purposes the statute lists. Running customer transport or parts-pickup er…
Do New York drivers' auto insurance policies have to cover damage they cause to rental cars from Hertz, Avis, and similar companies, and can those rental companies charge them for damage beyond the $100 deductible?
Yes for coverage, no for excess charges. The AG concluded that the Insurance Department correctly read the collision damage waiver (CDW) statute (L 1988 ch 784) to require auto insurers to provide ren…
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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.