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      State Comptroller

      Thomas P. DiNapoli

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      Thomas P. DiNapoli

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  1. Home
  2. Legal Opinions
Year

Legal Opinions

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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 The opinions may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinions.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.

Opinion 88-21

ZONING AND PLANNING - Park Lands (use of park trust fund moneys to construct indoor recreational facility); (use of park trust fund moneys to construct recreational building in which room(s) used for public meetings)

Opinion 88-20

COUNTIES -- Courts (authority to relocate family court) -- County Seat (effect of relocation of family court)

Opinion 88-19

ACTIONS AND PROCEEDINGS -- Authority To Institute (by town to challenge establishment of private landfill)
TOWNS -- Powers and Duties (acceptance of gift to defray expenses of lawsuit)
REFERENDUM -- Landfill (establishment of private landfill)

Opinion 88-18

TAXES -- Mortgage Tax (distribution to newly incorporated village)
VILLAGES -- Incorporation (right to distribution of mortgage tax)

Opinion 88-17

ZONING AND PLANNING -- Park Lands (whether municipality may compel subdivider to dedicate park land)

Opinion 88-16

COUNTY SHERIFF -- Enforcement of Judgment (method of computing interest on income executions) -- Poundage Fees (method of computing poundage fees on income executions)

Opinion 88-15

CONFLICTS OF INTEREST -- Insurance Transactions (village board member and school district attorney as comptroller of incorporated insurance company)

Opinion 88-14

ABANDONED AND LOST PROPERTY -- County Sheriff (disposition of unclaimed county prisoners' property)
MUNICIPAL FUNDS -- Trust and Agency Funds (transfer of abandoned property to)
STATUTE OF LIMITATIONS -- Unclaimed Funds (county prisoners)

Opinion 88-13

CONFLICTS OF INTEREST -- Insurance Transactions (village mayor as vice-president and stockholder of insurance company)

Opinion 88-12

PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (services provided under a municipal cooperation agreement)
MUNICIPAL COOPERATION -- Refuse and Garbage (joint refuse collection services) -- Competitive Bidding (need for where one municipality provides a service to another)

Opinion 88-11

PARKS AND RECREATION -- Park Land (conveyance of lands subject to reversionary interest)

Opinion 88-10

TAXES -- Gross Receipts Tax (liability of municipality for)
PUBLIC CONTRACTS -- Modification (addition of amount of gross receipts tax on petroleum products)

Opinion 88-9

WATER DISTRICTS -- Improvement of Facilities (procedure for acquisition of real property by district governed by separate board)
IMPROVEMENT DISTRICTS -- Property (procedure for acquisition of real property by district governed by separate board)

Opinion 88-8

CONFLICTS OF INTEREST -- Maintenance Contracts (fire commissioner who is president and stockholder of company servicing district vehicles) -- Exceptions (abstention from voting not an exception)

Opinion 88-7

BONDS AND NOTES - Proceeds (use of surplus proceeds to pay debt service)
MUNICIPAL FUNDS - Appropriations and Expenditures (need to use debt service appropriation where surplus bond proceeds available)

Opinion 88-6

PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (authority of municipality to contribute to "defined contribution pension plan")

Opinion 88-5

INSURANCE -- Health Insurance (authority to cover retired employees); (retirees reduction of benefits)
PUBLIC OFFICERS AND EMPLOYEES -- Retirement Benefits (reduction of health insurance benefits)

Opinion 88-4

COUNTIES -- Powers and Duties (providing refreshments to trainees at foster parent training session)
MUNICIPAL FUNDS -- Appropriations and Expenditures (in recognition of municipal service - refreshments to foster parent trainees)

Opinion 88-3

FINES AND PENALTIES -- Distribution by State Comptroller (fines for violations of Workers' Compensation Law)
WORKERS' COMPENSATION LAW, §52(2): Fines imposed under the Workers' Compensation Law are paid into the Uninsured Employers' Fund.

Opinion 88-2

REAL PROPERTY TAXES AND ASSESSMENTS -- Assessments (special assessment area for refuse collection in village)
LOCAL LAWS -- Refuse and Garbage Collection (imposition of benefit assessment for in village)
REFUSE AND GARBAGE -- Collection of (means of financing collection in villages)

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