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Opinion 89-63
… fees unless a statute expressly so provides (see 1988 Opns St Comp No. 88-38, p 75; 1983 Opns St Comp No. 83-20, p 22; Civil Practice Law and Rules, … 52 should be given its commonly understood meaning (2 Opns St Comp, 1946, p 290; see also People v Brooklyn Garden …
https://www.osc.ny.gov/legal-opinions/opinion-89-63Physical and Financial Conditions at Selected Mitchell-Lama Developments Located Outside New York City (Follow-Up)
… recommendations included in our initial audit report, Physical and Financial Conditions at Selected Mitchell-Lama … to provide safe and habitable housing and maintain the physical and financial integrity of the development, and it … to conduct yearly on-site assessments of a development’s physical condition as well as fiscal reviews (site and office …
https://www.osc.ny.gov/state-agencies/audits/2026/03/09/physical-and-financial-conditions-selected-mitchell-lama-developments-located-outside-newEmpire BlueCross – Improper Payments for Intraocular Lens Claims Billed by Hospitals
… To determine whether Empire BlueCross properly paid hospital claims for intraocular procedures. The audit covered the period … million members. Empire BlueCross (Empire) administers the hospital portion of the Empire Plan. Empire processes claims … To determine whether Empire BlueCross properly paid hospital claims for intraocular procedures …
https://www.osc.ny.gov/state-agencies/audits/2019/12/20/empire-bluecross-improper-payments-intraocular-lens-claims-billed-hospitalsOpinion 93-22
… an order of a superior court would be necessary (§540.30[1][b]). However, "[a]n application for remission is addressed to the discretion of the court ..." ( People v Wirtschafter , 305 NY 515, 519 [1953]), and is premised … and not to matters of law." ( People v Castro , 119 Misc 2d 787, 789, 464 NYS2d 650, 653 [Sup Ct., Kings County, …
https://www.osc.ny.gov/legal-opinions/opinion-93-22Office of Temporary and Disability Assistance - SSP Payments Made to Deceased Individuals
… individuals. Work with the Office of Unclaimed Funds (OUF) to recover any funds incorrectly reported to the OUF under the New York Abandoned Property Law. Provide … to deceased individuals before checks are reported to the OUF. For a complete copy of Report 2016-BSE7-01, click here …
https://www.osc.ny.gov/state-agencies/audits/2018/01/09/office-temporary-and-disability-assistance-ssp-payments-made-deceased-individualsAccidental Death Benefit – Special 20- and 25-Year Plans
… payments made up to the date they became ineligible do not equal or exceed the amount of the ordinary death …
https://www.osc.ny.gov/retirement/publications/1517/accidental-death-benefitAccidental Death Benefit – State Police Plan
… payments made up to the date they became ineligible do not equal or exceed the amount of the ordinary death …
https://www.osc.ny.gov/retirement/publications/1518/accidental-death-benefitOpinion 91-48
… of the Town of Shawangunk, Ulster County , 158 AD2d 801, 551 NYS2d 392, lv den 76 NY2d 706, 560 NYS2d 988, one board … ineligible to sit on the [b]oard" (158 AD2d at 802, 551 NYS2d at 394; see also Town of North Hempstead v Village …
https://www.osc.ny.gov/legal-opinions/opinion-91-48Opinion 93-17
… LAW, §521(2): The issuance of bonds by a non-city school district is subject to a mandatory referendum when the bonds … You ask whether the issuance of bonds by a non-city school district is subject to referendum when the bonds would be … (see Board of Education of West Islip Union Free School District, et al. v New York State Teachers' Retirement …
https://www.osc.ny.gov/legal-opinions/opinion-93-17Opinion 97-21
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … discussed in the opinion. LIBRARIES -- Finances (filing of annual financial reports) STATE COMPTROLLER-- Powers and … Whether sec 263 of the Education Law relieves libraries from requiring pub …
https://www.osc.ny.gov/legal-opinions/opinion-97-21Jefferson Central School District – Procuring Services (2021M-42)
… services without public written disclosure of his interest in the contract with the District. Key Recommendations Seek … Ensure District officers or employees publicly disclose, in writing, any interests they have in contracts or agreements with the District. District …
https://www.osc.ny.gov/local-government/audits/school-district/2021/06/11/jefferson-central-school-district-procuring-services-2021m-42Opinion 95-4
… arising from alleged criminal conduct) COUNTY LAW, §209: A county board of supervisors generally is authorized to … matters within the county board's jurisdiction within the meaning of section 209 (see, e.g., County Law, §§210, 215[1], … Except as referenced above, section 209 does not specify what procedures the board, or a committee of the board, may …
https://www.osc.ny.gov/legal-opinions/opinion-95-4State Police Accidental Disability (Section 363-bb) – State Police Plan
… after your discontinuance from service. “Accident” has a specific meaning with NYSLRS disability benefits. We determine whether … include the time and place of the accident, the details of what happened, the nature and extent of your injuries and the …
https://www.osc.ny.gov/retirement/publications/1518/state-police-accidental-disability-section-363-bbOpinion 92-9
… to "appear before a court or other tribunal". Section 72-o does not define what it means to "appear before a court or … of a court during a phase of a judicial proceeding which does not take place in a courtroom before a judge. For the …
https://www.osc.ny.gov/legal-opinions/opinion-92-9Opinion 96-8
… regulations evidenced by photo-monitoring) VEHICLE AND TRAFFIC REGULATIONS -- Toll Collection Provisions (violation … GENERAL MUNICIPAL LAW, §99-l(1)(a); VEHICLE AND TRAFFIC LAW, §§155, 1630; PUBLIC AUTHORITIES LAW, §361: Towns … any public authority which operates a toll highway, bridge and/or tunnel facility, such as the Thruway Authority …
https://www.osc.ny.gov/legal-opinions/opinion-96-8Opinion 97-11
… created (see Public Housing Law, §3[2]; see also 1988 Opns St Comp No. 88-64, p 126). Therefore, it has been our opinion … of article 18 of the General Municipal Law (see 1983 Opns St Comp No. 83-13, p 14; 1982 Opns St Comp No. 82-166, p 213; 1981 Opns St Comp No. 81-149, p …
https://www.osc.ny.gov/legal-opinions/opinion-97-11Opinion 99-6
… or statutory amendments that bear on the issues discussed in the opinion. BONDS AND NOTES -- Revenue Anticipation Notes (issuance in anticipation of payments in lieu of taxes); (issuance in anticipation of State aid … a school district may issue revenue anticipation notes in anticipation of the receipt of payments in lieu of taxes …
https://www.osc.ny.gov/legal-opinions/opinion-99-6DiNapoli: Rural Counties Face Shortage of Health Professionals
… report by State Comptroller Thomas P. DiNapoli examined healthcare professional shortages in 16 rural counties in New … lives,” DiNapoli said. “Addressing gaps in the rural healthcare workforce to alleviate current shortages and plan … counties presents an additional barrier to recruiting more healthcare professionals. Not all counties have hospitals or …
https://www.osc.ny.gov/press/releases/2025/08/dinapoli-rural-counties-face-shortage-health-professionalsOpinion 97-4
… in the opinion. FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent Association (use of moneys to … of firefighter's spouse) INSURANCE LAW, §§9104, 9105: The Volunteer and Exempt Firemen's Benevolent Association of the … of the death of his or her spouse. You ask whether the Volunteer and Exempt Firemen's Benevolent Association of the …
https://www.osc.ny.gov/legal-opinions/opinion-97-4Opinion 88-53
… of final average salary) RETIREMENT AND SOCIAL SECURITY LAW, §§302(9)(d), 431: Compensation paid to police officers … section 302(9)(d) of the Retirement and Social Security Law. You have also asked whether the New York State … date of that section. Retirement and Social Security Law, §302(9)(d) provides as follows: "d. By the adoption, …
https://www.osc.ny.gov/legal-opinions/opinion-88-53