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Opinion 88-53
… for working vacations from calculation of final average salary) RETIREMENT AND SOCIAL SECURITY LAW, §§302(9)(d), 431: Compensation paid to … is not includable in the calculation of one year final average salary. You ask whether compensation paid to police … is includable in the calculation of one year final average salary under section 3029d of the Retirement and …
https://www.osc.ny.gov/legal-opinions/opinion-88-53State Comptroller DiNapoli Releases Municipal & School Audits
New York State Comptroller Thomas P DiNapoli today announced the following local government and school audits were issued
https://www.osc.ny.gov/press/releases/2025/09/state-comptroller-dinapoli-releases-municipal-school-audits-0Holtsville Fire District – Financial Management (2025M-4)
… Objective Did the Holtsville Fire District (District) Board of Commissioners (Board) adopt budgets with reasonable estimates and properly establish and manage capital reserve funds? Audit Period January 1, 2019 – December 31, 2023 … The Board did not adopt budgets with reasonable estimates or …
https://www.osc.ny.gov/local-government/audits/fire-district/2025/09/19/holtsville-fire-district-financial-management-2025m-4Accidental Disability – Special 20- and 25-Year Plans
… to perform your job as the natural and proximate result of an on-the-job accident not due to your own willful negligence, … annuity savings contributions, and Tier 5 and 6 members do not receive annuities based on those contributions. You …
https://www.osc.ny.gov/retirement/publications/1517/accidental-disabilityOpinion 91-56
… longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that … things, accounts payable and contractual obligations. You ask whether the term "liabilities", as used in section … such a five-year period, it would be essential to define what is meant by "operative" and to apply a test therefor. …
https://www.osc.ny.gov/legal-opinions/opinion-91-56Opinion 96-6
… 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 opinion. CONFLICTS OF INTEREST-- Insurance Transactions (town supervisor placing insurance … Whether the supervisor would have a prohibited interest in the towns insurance contracts …
https://www.osc.ny.gov/legal-opinions/opinion-96-6Opinion 88-67
… prepare, authorize or approve the contract or approve payments thereunder; (b) audit bills or claims under the … Board of the Town of Tuxedo , 69 AD2d 320, 418 NYS2d 638; Conrad v Hinman , 122 Misc 2d 531, 471 NYS2d 521). Although …
https://www.osc.ny.gov/legal-opinions/opinion-88-67Opinion 98-16
… are deposited in the fund and/or which will not reasonably be required to pay any such judgment or claim, may be returned to the general fund at any time before the first day of the fourth fiscal year after the … initial deposit, but no later than on that date. You ask how long a school district must hold moneys paid into a tax …
https://www.osc.ny.gov/legal-opinions/opinion-98-16Opinion 96-9
… benefits (see, e.g., Taylor v McGuire , 100 Misc 2d 834, 420 NYS2d 248; Christian v City of Ontario , 92 Misc 2d 51, …
https://www.osc.ny.gov/legal-opinions/opinion-96-9Opinion 95-25
… (applicability of provisions of section 54-a of the State Finance Law to payments provided in the aid to localities … budget) STATE CONSTITUTION, ARTICLE VIII, §10; STATE FINANCE LAW, §§54, 54-a: The provisions of section 54-a of the State Finance Law authorize the State Comptroller to withhold local …
https://www.osc.ny.gov/legal-opinions/opinion-95-25Town of Homer – Conflict of Interest (2022M-148)
… Key Findings One Board member is the president and owner of a welding company which provided repair work to the … a prohibited conflict of interest in the welding company’s contracts with the Town pursuant to New York State General … officials and employees are familiar with and follow the requirements of New York State General Municipal Law Article …
https://www.osc.ny.gov/local-government/audits/town/2022/12/23/town-homer-conflict-interest-2022m-148Tompkins County Industrial Development Agency – Project Approval and Monitoring (2021M-143)
… Board of Directors (Board) evaluated projects prior to approval and subsequently monitored the performance of … Key Findings While the Board evaluated projects prior to their approval, Board members should improve TCIDA’s efforts to monitor businesses’ job performance and tax exemptions. …
https://www.osc.ny.gov/local-government/audits/county/2021/12/17/tompkins-county-industrial-development-agency-project-approval-and-monitoringOpinion 95-20
… views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. FEES -- Court Fees (filing fees paid in Surrogate's Court proceedings seeking multiple relief) COURTS -- … Whether a surrogates court should charge a petitioner one filing fee or separate …
https://www.osc.ny.gov/legal-opinions/opinion-95-20Opinion 90-8
… bear on the issues discussed in the opinion. FOREIGN FIRE INSURANCE TAXES -- Local Laws (preemption) LOCAL LAWS -- Preemption (foreign fire insurance taxes) INSURANCE LAW, §§9104(g), 9105(e); MUNICIPAL … governing the distribution and use of foreign fire insurance tax moneys remain effective following the amendment …
https://www.osc.ny.gov/legal-opinions/opinion-90-8State Comptroller DiNapoli Releases Audits
… Districts Law allows reduced property tax bills for land in agricultural production by limiting the property tax assessment of the land to its prescribed per-acre Agricultural Assessment Value …
https://www.osc.ny.gov/press/releases/2018/02/state-comptroller-dinapoli-releases-auditsDiNapoli: Contribute to 529 College Savings Account by Dec. 31 for Tax Benefits
… 529 College Savings Program accounts tax deductible* but now lower fees, higher maximum balances and the … Yorks 529 College Savings Program accounts tax deductible but now lower fees higher maximum balances and the …
https://www.osc.ny.gov/press/releases/2017/12/dinapoli-contribute-529-college-savings-account-dec-31-tax-benefitsOpinion 2007-7
… generally involve a calculation formula based upon a member’s final average salary and total service credit. Therefore, the number of days worked by the member, their creditable …
https://www.osc.ny.gov/legal-opinions/opinion-2007-7DiNapoli: Amid Federal Funding Uncertainty, State Must Focus on Programs To Aid Seniors
… has increased, thousands remain on waitlists for in-home care, meals and other essential support, and data reporting … obligation to support seniors who need and qualify for in-home, meal or other support services,” DiNapoli said. “These …
https://www.osc.ny.gov/press/releases/2025/08/dinapoli-amid-federal-funding-uncertainty-state-must-focus-programs-aid-seniorsManhasset Union Free School District – Non-Payroll Disbursements (2025M-45)
… to ensure they are appropriate, properly documented and in accordance with the district’s budget and procurement … is responsible for overseeing the financial operations in the Business Office, including the Purchasing Agent who is … 10 invoices contained eight confirming purchase orders, meaning that purchase orders were issued after goods and …
https://www.osc.ny.gov/local-government/audits/school-district/2025/09/19/manhasset-union-free-school-district-non-payroll-disbursements-2025m-45Opinion 90-12
… views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues … -- Powers and Duties (payment out of money paid into court) CIVIL PRACTICE LAW AND RULES, §§2105, 2607: CPLR 2105, … papers to be certified by an attorney, does not apply to court orders submitted to a county treasurer under CPLR 2607 …
https://www.osc.ny.gov/legal-opinions/opinion-90-12