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Opinion 91-18
… and votes of the town board on matters relating to the confidential secretary or bookkeeper. You ask whether … of interest if a supervisor appoints his or her spouse to the position of confidential secretary or bookkeeper. Town … class, the town board must first authorize the supervisor to make such designations (Town Law, §29[15]). The town board …
https://www.osc.ny.gov/legal-opinions/opinion-91-18Opinion 90-64
… that bear on the issues discussed in the opinion. PARK DISTRICTS -- Increase or Improvement of Facilities … to increase or improve facilities of a town park district is not subject to referendum. A bond resolution authorizing … of bonds to finance an improvement to a town park district is not subject to referendum. You have inquired as to the …
https://www.osc.ny.gov/legal-opinions/opinion-90-64Opinion 90-12
… , if an order directing payment by the county treasurer is made by the court, the copy of the order to be delivered … however, provides: Where a certified copy of a paper is required by law, an attorney admitted to practice in the … forth below, we believe that an attorney-certified copy is not permitted. CPLR 2105 clearly authorizes an attorney's …
https://www.osc.ny.gov/legal-opinions/opinion-90-12Opinion 89-48
… for Discharge of Mechanic's Lien". You ask (i) where and how the bonds are to be indexed on your records, … who physically holds the bonds and (iii) whether the bonds can be returned. Pursuant to section 37 of the Lien Law, a … Concerning i where and how the bonds are to be indexed on your records ii …
https://www.osc.ny.gov/legal-opinions/opinion-89-48Opinion 89-44
… required to account. The office of acting village justice is a permanent office required to be established by Village … has only one village justice. An acting village justice is not elected, but is appointed by the village mayor subject to the approval of …
https://www.osc.ny.gov/legal-opinions/opinion-89-44Comptroller DiNapoli Releases State Audits
… in July 2011, examined the Department of Transportation’s (DOT) oversight of grant activity. Auditors found that the … effective communication and information sharing within the DOT and with other state agencies that also provide grant funding. In a follow-up, auditors found DOT has made progress in correcting the problems identified …
https://www.osc.ny.gov/press/releases/2014/04/comptroller-dinapoli-releases-state-auditsOpinion 88-37
… -- Periods of Probable Usefulness (purchase of police cars) LOCAL FINANCE LAW, §§11.00(a)(29)(a),(77), 21.00(a), … the purchase of five automobiles to be used as police cars by the issuance of a capital note. Section 28.00(a) of … was in service for a year or more. If, therefore, police cars are to be purchased to replace similar police cars which …
https://www.osc.ny.gov/legal-opinions/opinion-88-37Opinion 89-2
… goods, supplies and services under joint contracts and arrangements entered into pursuant to Public Health Law, … one for purchases by "municipal hospitals" under arrangements entered into pursuant to Public Health Law, … council may authorize, to enter into contracts and make arrangements among themselves and among other municipal, …
https://www.osc.ny.gov/legal-opinions/opinion-89-2Opinion 96-13
… for a reduction of payment in the event that a participant is a member of, or receiving a retirement allowance from, the … assigned work periods. The effect of this provision is to limit the circumstances under which service credit may … System. Further, the State Employees' Retirement System is governed generally by article 2 of the Retirement and …
https://www.osc.ny.gov/legal-opinions/opinion-96-13Opinion 92-50
… (preference to local bidder) CONSTITUTIONAL LAW -- Commerce Clause (preference to local bidder) -- Equal … of the pre-emption under section 103, we restated our view that section 103(1) is not intended to preclude the … law would also raise constitutional questions under the Commerce, Privileges and Immunities and Equal Protection …
https://www.osc.ny.gov/legal-opinions/opinion-92-50Opinion 92-34
… payment of parking fines and surcharges) -- Remission to State Comptroller (partial payment of parking fines and … mandatory surcharge, the city may apply the payment either to the fine or to the surcharge and remit the surcharge payments to the … Whether a surcharge is to be considered paid in whole or in part when a court or …
https://www.osc.ny.gov/legal-opinions/opinion-92-34Opinion 98 - 22
… eliminated only by the adoption of another local law. This is in response to your letter in which you indicate that a … not exceeding $5,000 in a fiscal year". The village board is considering increasing that amount and you ask whether … , 221 AD2d 423, 633 NYS2d 798; 1984 Opns St Comp No. 84-26, p 33; 1982 Opns St Comp, No. 82-35, p 45). Accordingly, …
https://www.osc.ny.gov/legal-opinions/opinion-98-22Opinion 95-29
… IMPROVEMENT DISTRICTS -- Dissolution (when assets are sold to a public authority) WATER DISTRICTS -- Dissolution (when assets are sold to a public authority) TOWN LAW, §§198(12), 202-c: The governing board of a town water district may, subject to a mandatory referendum, sell all the property and …
https://www.osc.ny.gov/legal-opinions/opinion-95-29Opinion 92-11
… the governing board of any "municipal corporation", which is defined to include school districts, to establish an … fund for any loss, claim, action or judgment for which it is authorized or required to purchase or maintain insurance. … unexpended balance to a section 6-n reserve fund. There is no analogous authority, however, for a school district to …
https://www.osc.ny.gov/legal-opinions/opinion-92-11Opinion 93-27
… When a town and the villages within the town all elect to receive their shares of county sales tax in cash, the town may not use its share to reduce townwide taxes in the area of the town outside villages. A town may not adopt a local law to provide that its cash share be so used. You have asked us …
https://www.osc.ny.gov/legal-opinions/opinion-93-27Opinion 94-27
… pursuant to section 200 (Town Law, §200[10]; 24 Opns St Comp, 1968, p 459). The expense of the improvement is to … undertaken pursuant to section 200 (see, e.g., 1981 Opns St Comp No. 81-353, p 385; 32 Opns St Comp, 1976, p 85; 27 … Office with respect to any such act. December 31, 1994 Murray N. Jacobson, Esq., Town Attorney Town of Clarkstown …
https://www.osc.ny.gov/legal-opinions/opinion-94-27Opinion 95-2
… issues discussed in the opinion. FEES -- Exemption from (housing authority) PUBLIC HOUSING AUTHORITIES -- Fees (exemption from cable television franchise fees) PUBLIC HOUSING LAW, §52; EXECUTIVE LAW, §§818, 819: The amount … Whether a housing authority is exempt from paying that portion of its …
https://www.osc.ny.gov/legal-opinions/opinion-95-2Opinion 91-42
… moneys belonging to the village. A village fire department is a corporation consisting of the members of all the fire, … agreements (see 1988 Opns St Comp No. 88-46, p 89), there is no similar statutory authority for a village and a village … not village property and the administration of the moneys is a matter of the internal affairs of the fire department, …
https://www.osc.ny.gov/legal-opinions/opinion-91-42Opinion 95-16
… LAW, §1908(1): A central high school district is required to apportion expenses among the school districts therein on … roll as of the date of the apportionment. This is in reply to your request for our opinion as to the proper assessment roll to be used for the …
https://www.osc.ny.gov/legal-opinions/opinion-95-16Opinion 93-6
… that bear on the issues discussed in the opinion. FIRE PROTECTION DISTRICTS -- Fire Protection Contracts (article 5-G of the General … does not provide authority for) MUNICIPAL COOPERATION -- Fire Protection (article 5-G of the General Municipal Law … Municipal Law under which the village would provide fire protection services to a fire protection district in the …
https://www.osc.ny.gov/legal-opinions/opinion-93-6