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Opinion 90-39
… Duties (imposition of special tax or user fee on behalf of a fire district) TOWN LAW, §181(1); MUNICIPAL HOME RULE LAW, §10(1)(i),(ii)(a)(9-a): A town may not impose … the budget officer of each town in which the fire district is located a detailed written estimate of the amount of …
https://www.osc.ny.gov/legal-opinions/opinion-90-39Opinion 94-31
… or statutory amendments that bear on the issues discussed in the opinion. COLLECTIVE BARGAINING AGREEMENTS -- Vacations (annual cash payment in lieu of) PUBLIC OFFICERS AND EMPLOYEES -- Vacations … et seq.; GENERAL MUNICIPAL LAW, §92: It is permissible to provide in a collective bargaining agreement between a …
https://www.osc.ny.gov/legal-opinions/opinion-94-31DiNapoli: Sales Tax Collections Growth Slowed in First Half of 2015
… sales tax collections, excluding all cities, increased only 0.5 percent for the first six months of 2015, with many …
https://www.osc.ny.gov/press/releases/2015/07/dinapoli-sales-tax-collections-growth-slowed-first-half-2015DiNapoli Announces Latest Fiscal Stress Scores
… 18 percent (10 of 56 scored) in fiscal stress in FYE 2017. Only seven of 853 towns scored (less than 1 percent) and …
https://www.osc.ny.gov/press/releases/2019/09/dinapoli-announces-latest-fiscal-stress-scoresOpinion 91-29
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … Benevolent Associations (use of tax moneys for an eye care plan, hospital telephone and television charges, and … the Volunteer and Exempt Firemens Benevolent Association of Lakeview may expend foreign fire insurance tax moneys to …
https://www.osc.ny.gov/legal-opinions/opinion-91-29Audit Faults Justice Center Records, Raises Questions on Accountability
… the Justice Center limited auditors' access to records and only permitted review of closed cases for abuse and neglect …
https://www.osc.ny.gov/press/releases/2017/03/audit-faults-justice-center-records-raises-questions-accountabilityMedicaid Program – Errors in Identification of 340B Providers in the Medicaid Drug Rebate Program
… accurately excluded 340B drugs from the Medicaid Drug Rebate Program and sought appropriate rebates. The audit … June 30, 2015. Background Congress created the Medicaid Drug Rebate Program in 1990. The program requires drug manufacturers to pay rebates to state Medicaid programs …
https://www.osc.ny.gov/state-agencies/audits/2017/06/30/medicaid-program-errors-identification-340b-providers-medicaid-drug-rebate-programOpinion 88-33
… the views of the Office of the State Comptroller at the time it was rendered. The opinion may no longer … among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in … the cost of constructing laterals intended to be installed at the time of a district's establishment may be authorized …
https://www.osc.ny.gov/legal-opinions/opinion-88-33DiNapoli: Wyandanch Public Library Audit Reveals Missing Cash, Excess Benefits
… Officials of the Wyandanch Public Library in Suffolk County failed to notice $4,600 in missing cash, overpaid the … leave. The audit findings have been turned over to Suffolk County District Attorney Thomas J. Spota for review. … Officials of the Wyandanch Public Library in Suffolk County failed to notice $4600 in missing cash overpaid the …
https://www.osc.ny.gov/press/releases/2014/11/dinapoli-wyandanch-public-library-audit-reveals-missing-cash-excess-benefitsOpinion 89-50
… This opinion represents the views of the Office of the State Comptroller at the time it was … benefits the private owners. Also, if the property owner or the adjoining owner has a good faith claim against … NY2d 80, 320 NYS2d 29; Denihan Enterprises v O'Dwyer , 302 NY 451; Rodrigues v Town of Beekman , 120 AD2d 724, 502 NYS2d …
https://www.osc.ny.gov/legal-opinions/opinion-89-50Opinion 2024-1
… 16 We understand that this effort includes replacing not only the publicly-owned portions of lead service lines, but … state law and to constitute a proper public purpose with only an incidental private benefit and, therefore, not in … strong presumption of constitutionality applies not only to enactments of the Legislature but to ordinances of …
https://www.osc.ny.gov/legal-opinions/opinion-2024-1Enforcement of Article 19-A of the Vehicle and Traffic Law (Follow-Up) (2020-F-6)
To follow up on the actions taken by officials of the Department of Motor Vehicles to implement the recommendations contained in our audit report, Enforcement of Article 19-A of the Vehicle and Traffic Law.
https://www.osc.ny.gov/files/state-agencies/audits/pdf/sga-2021-20f6.pdfGeddes Town Clerk Charged in $30K Swindle
… Thomas P. DiNapoli and Onondaga County District Attorney William J. Fitzpatrick announced the arrest today of … “Thanks to our partnership with Onondaga County District Attorney William J. Fitzpatrick, we were able to reveal her … us ferret out fraud and theft," Onondaga County District Attorney William J. Fitzpatrick said. "My office has always …
https://www.osc.ny.gov/press/releases/2019/04/geddes-town-clerk-charged-30k-swindleDiNapoli: Tax Cap Set at 2% in 2023
… their budgets for 2023.” DiNapoli said given this year’s inflation factor calculation of 7.17%, a majority of New York’s … increases that exceed the amounts they are set to receive in their final round of American Rescue Plan Act (ARPA) …
https://www.osc.ny.gov/press/releases/2022/07/dinapoli-tax-cap-set-2-percent-2023Opinion 90-43
… to determine their fair meaning (McKinney's Cons Laws of NY, Book 1, Statutes, §97, p 211). Doing so in this case, we … Antonopoulou v Beame , 32 NY2d 126, 343 NYS2d 346; City of Rochester v Chiarella , 98 AD2d 8, 470 NYS2d 181, affd 63 …
https://www.osc.ny.gov/legal-opinions/opinion-90-43Public Authority Procurement
… to comply with certain provisions of the State Finance Law and the Public Buildings Law relating to procurements. Memo Bill Text Status … to comply with certain provisions of the State Finance Law and the Public Buildings Law relating to procurements …
https://www.osc.ny.gov/legislation/public-authority-procurementDiNapoli and Diaz Help Bronx Residents Claim $245 Million in Lost Money
… thanks to Borough President Diaz for inviting my team and me to provide this service to his Bronx constituents.” “With …
https://www.osc.ny.gov/press/releases/2015/03/dinapoli-and-diaz-help-bronx-residents-claim-245-million-lost-moneyOpinion 97-19
… if he or she receives a direct or indirect pecuniary or material benefit as the result of the contract (General …
https://www.osc.ny.gov/legal-opinions/opinion-97-19Opinion 2005-3
… fundamental principle of law that school districts possess only those powers expressly delegated by statute or … “municipal corporation” as used in section 72-j includes “only a county, town, city and village” (General Municipal Law … not apply here for several reasons. Section 1726 applies only to the placement or erection of a building, not to the …
https://www.osc.ny.gov/legal-opinions/opinion-2005-3DiNapoli: Albany Man Pleads Guilty to Stealing More Than $230,000 From Elderly State Pensioner
… Steven G. James announced the guilty plea of Devin Zielinski, 33, for stealing over $230,000 from an … and in law enforcement to ensure financial predators like Devin Zielinski face the consequences for crimes against the … Superintendent Steven G James announced the guilty plea of Devin Zielinski 33 for stealing over $230000 from an elderly …
https://www.osc.ny.gov/press/releases/2025/04/dinapoli-albany-man-pleads-guilty-stealing-more-230000-elderly-state-pensioner