Legal Opinions
These opinions represent the views of the Office of the State Comptroller at the time they were rendered. The opinions may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinions.
To obtain a a copy legal opinion rendered before 1988, fill out the online request form. For information, call 518-474-5586.
FIRE DISTRICTS -- Elections (signing multiple nominating petitions)
ELECTIONS -- Fire Districts (signing multiple nominating petitions)
PUBLIC OFFICERS AND EMPLOYEES -- Mode of Selection (signing multiple nominating petitions for fire district office)
TOWN SUPERVISOR -- Compensation (salary charged on townwide basis)
SUPERINTENDENT OF HIGHWAYS -- Compensation (salary charged on townwide basis)
TOWN CLERK -- Compensation (salary charged on townwide basis)
BUILDING INSPECTOR -- Compensation (salary in town charged only to area of town outside of villages)
VILLAGE JUSTICE -- Abolition (effect of)
MUNICIPAL FUNDS -- Part-Town charges (salaries of town officers)
CONFLICTS OF INTEREST -- Building Inspector (engaged in private business of performing home inspections)
WATER RENTS -- Imposition of (authority to impose water rates to raise both operation and maintenance and capital costs)
WATER DISTRICTS -- Capital Costs (authority to impose water rates to raise both operation and maintenance and capital costs)
IMPROVEMENT DISTRICTS -- Establishment (authority to establish overlapping town districts authorized to provide same improvements or services)
PARK DISTRICTS -- Establishment (authority to establish park district within an existing park district)
MUNICIPAL COOPERATION -- Capital Improvements (town improvement of village street)
STREETS AND HIGHWAYS -- Highway Department (town repair and improvement of village street)
PUBLIC CONTRACTS -- Contracts not Requiring Bidding (town repair and improvement of village street)
LOCAL LAWS -- Compensation (authority to make incentive payments to employees who report health care services billed but not provided)
COLLECTIVE BARGAINING -- Compensation (payments to employees who report health care services billed but not provided)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (payments to employees who report health care services billed but not provided)
POLICE AND POLICE PROTECTION -- Police Chief (delegation of power to determine promotions) -- Police Department (delegation to chief of police of power over promotions)
LOCAL LAWS -- Transfer of Functions (delegation to chief of police of power over promotions)
MUNICIPAL FUNDS--Capital Reserve Fund (creation of by town for construction of water improvements)
WATER IMPROVEMENT--Construction (use of capital reserve fund)
FOREIGN FIRE INSURANCE TAXES--Recipients (basis for allocation between or among fire companies in a multi-company fire department)
AMBULANCE SERVICE -- Regional Coordination (establishment of county office to coordinate training)
COUNTIES -- Powers and Duties (power to coordinate training of emergency medical service providers)
LOCAL LAWS -- Preemption (county coordination of emergency medical service training)
FIRE PROTECTION AND PREVENTION -- Contracts (additional payments for the services of private contractors); (cost of VFBL insurance)
FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (additional payments for the services of private contractors); (cost of VFBL insurance)
CONSTITUTIONAL LAW -- Gifts and Loans (drainage improvement on private property)
CLAIMS -- Compromise or Settlement (drainage improvement on private property as settlement)
TOWNS -- Powers and Duties (drainage improvement on private property)
FEES -- Court Fees (in proceeding for appointment of administrator c.t.a. or d.b.n., or successor executor)
COUNTY CLERK -- Powers and Duties (custody of bonds to discharge liens executed under Lien Law, §37)
FIRE DISTRICTS -- Extension (when adjoining fire protection district is dissolved) -- (assessment of capital costs in district as extended)
FIRE PROTECTION DISTRICTS -- Dissolution (when added to adjoining fire district)
PUBLIC OFFICERS AND EMPLOYEES -- Eligibility (U.S. citizenship)
ZONING AND PLANNING -- Planning Board (members must be U.S. citizens)
LOCAL LAWS -- Compensation (fixed amount plus hourly rate for attorney employed as counsel to zoning board of appeals)
ZONING AND PLANNING -- Zoning Board of Appeals (paying fixed amount plus hourly rate for attorney employed as counsel to zoning board of appeals)
PUBLIC OFFICERS AND EMPLOYEES -- Compensation (fixed amount plus hourly rate for attorney employed as counsel to zoning board of appeals)
VILLAGE JUSTICE -- Acting Justice (reporting requirement to the State Comptroller)
STATE COMPTROLLER -- Justice Court Fund (reporting requirements for acting village justices)
FIRE DISTRICTS -- Treasurer (change from elective to appointive)