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Opinion 2002-14
… VILLAGE LAW §§1-102(5), 4-400(1)(l), 4-412(3)(3), 5-524: A village may incur reasonable expenses for the primary … evaluate the appropriateness of pursuing a settlement of a claim against the village for property damage, even though … might perform work that could provide some benefit to the claimant or other private party. 1 There would be no gift in …
https://www.osc.ny.gov/legal-opinions/opinion-2002-14Opinion 89-36
… would have a proposed maturity of more than five years, and the capital improvement has a period of probable … General Municipal Law, §6-c governs the establishment of, and the expenditure of moneys from, capital reserve funds by counties, cities, towns, villages and certain improvement districts (see General Municipal Law, …
https://www.osc.ny.gov/legal-opinions/opinion-89-36Opinion 98-20
… -- Fire Police Squads (qualification for appointment to) FIRE COMMISSIONERS -- Powers and Duties (establishment of minimum service requirement for appointment to fire police squad) GENERAL MUNICIPAL LAW, §209-c; TOWN … An otherwise qualified individual may be assigned to a fire police squad immediately upon becoming a member of …
https://www.osc.ny.gov/legal-opinions/opinion-98-20Opinion 97-1
… or statutory amendments that bear on the issues discussed in the opinion. PUBLIC HOUSING AUTHORITIES -- Powers and Duties (participation in county workers' compensation self-insurance plan) WORKERS' … COMPENSATION -- County Self-Insurance Plan (participation in by village housing authority) WORKERS' COMPENSATION LAW, …
https://www.osc.ny.gov/legal-opinions/opinion-97-1Opinion 91-63
… OF INTEREST -- Purchases and Sales (town councilman who resides with president and owner of hardware store) GENERAL MUNICIPAL LAW, §801: A town councilman who resides with the owner and president of a hardware store … but has no relationship with the corporation which owns the hardware store, could have a prohibited interest in …
https://www.osc.ny.gov/legal-opinions/opinion-91-63Opinion 92-25
… the effect of interfering with the duties of the chief or assistant chief. The chief or assistant chief, however, would have discretion to determine … interferes with the performance of duties of chief or assistant chief is a factual determination to be made based …
https://www.osc.ny.gov/legal-opinions/opinion-92-25Opinion 96-3
… or statutory amendments that bear on the issues discussed in the opinion. CONFLICTS OF INTEREST -- Engineering Services … contract cost through fees not an exception) -- Interest in Contract (village trustee providing environmental review … §801: A village trustee would have a prohibited interest in a contract for environmental review and planning services …
https://www.osc.ny.gov/legal-opinions/opinion-96-3Opinion 96-16
… IMPROVEMENT DISTRICTS -- Property (use of proceeds from sale of) WATER DISTRICTS -- Property (use of proceeds from sale of) TOWN LAW, §198(12); MUNICIPAL HOME RULE LAW, §10: A … district for the construction of a new town hall. This is in response to your letter concerning the proposed sale to …
https://www.osc.ny.gov/legal-opinions/opinion-96-16DiNapoli: Employment Services System for New Yorkers with Disabilities Is Underutilized
… New York state is failing to promote and increase use of a key system … and outcomes for people with disabilities. It is disappointing that this system is underutilized by state agencies and employment service … New York state is failing to promote and increase use of a key system …
https://www.osc.ny.gov/press/releases/2022/08/dinapoli-employment-services-system-new-yorkers-disabilities-underutilizedIX.8.D Electronic Refund Payments to the U.S. HHS – IX. Federal Grants
… The procedures that follow pertain to the refund or return of federal funds to the US HHS due … are reported to the government as a use of grant funds. Refunds and returns back to the Federal government are not … into the SFS. Distribution Lines Coding - All refunds of excess or unneeded federal fund balances will be …
https://www.osc.ny.gov/state-agencies/chapter-ix/ix8d-electronic-refund-payments-us-hhsDiNapoli: Public Must Be Alerted to Sewer Overflow Problems
… At least 20 percent of the publicly owned sewer systems in … state were not reporting overflow events or registered with the electronic notification system (NY-Alert) that tracks those events, potentially putting the public at risk, according to an audit of the Department of …
https://www.osc.ny.gov/press/releases/2020/10/dinapoli-public-must-be-alerted-sewer-overflow-problemsDiNapoli: Federal Aid, Increasing Tax Revenues and Savings Boost New York City's Surplus
… New York City is expecting to generate a surplus of $3.7 billion in fiscal year (FY) 2022 due to federal aid, … New York City is expecting to generate a surplus of $37 billion in fiscal year FY 2022 …
https://www.osc.ny.gov/press/releases/2022/03/dinapoli-federal-aid-increasing-tax-revenues-and-savings-boost-new-york-citys-surplusDiNapoli Finds State Needs to Do More to Address Nursing Home Pandemic Issues
… COVID-19 outbreak in nursing homes, according to a follow-up report released today by New York State Comptroller Thomas … state’s shortfalls in managing the outbreak. Our follow-up review shows limited progress in fixing all that went … Auditors tested data in the initial audit and the follow-up and found a significant number of discrepancies, which …
https://www.osc.ny.gov/press/releases/2023/12/dinapoli-finds-state-needs-do-more-address-nursing-home-pandemic-issuesOpinion 88-57
… WATER RENTS -- Rates (schedule of rates may include a classification under which low income senior citizens are … where the classification has a rational basis and is not arbitrary, where there is uniformity within the class, and where the classification …
https://www.osc.ny.gov/legal-opinions/opinion-88-57Opinion 88-7
… if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues … (need to use debt service appropriation where surplus bond proceeds available) TOWN LAW, §112(1); GENERAL MUNICIPAL … LAW, §9; LOCAL FINANCE LAW, §165.00: Where surplus bond proceeds are available to pay debt service for purposes …
https://www.osc.ny.gov/legal-opinions/opinion-88-7Homeless Services Housing Needs Assessment
… Objectives To determine if the Office of Temporary and Disability Assistance’s initial Needs Assessments and Individual Living Plans are completed timely and if … To determine if the Office of Temporary and Disability Assistances initial Needs Assessments and …
https://www.osc.ny.gov/state-agencies/audits/2023/08/15/homeless-services-housing-needs-assessmentOversight of Juvenile Justice Facilities
… Children and Family Services adequately operates juvenile justice facilities for court-placed youth to ensure they meet State standards and regulations for … Toward this end, OCFS, through its Division of Juvenile Justice and Opportunities for Youth (DJJOY), is responsible …
https://www.osc.ny.gov/state-agencies/audits/2024/04/03/oversight-juvenile-justice-facilitiesIX.7.E Disaster Assistance – IX. Federal Grants
… on whether the event should be tracked (i.e. storm tracking toward New York). If DOB determines tracking should occur, DOB will prepare agency guidance … activities must occur. DOB provides prepared guidance on tracking agency costs by event. For each disaster event that …
https://www.osc.ny.gov/state-agencies/gfo/chapter-ix/ix7e-disaster-assistanceOpinion 2001-15
… (authority to dissolve district when there are no "resident owners" within the district); (authority to dissolve … (meaning of for purpose of Town Law §§191, 202-c) -- "Resident Owner" (meaning of for purpose of Town Law §198[12]) … is proper only if signed by the appropriate number of "resident owners"; that is, individual owners of real property …
https://www.osc.ny.gov/legal-opinions/opinion-2001-15Opinion 2006-10
… revenues derived from the rental of town real property located in the area of the town outside of any incorporated village, and … on the whole area of the town, including the real property located in villages situated within the town, unless there is … revenues derived from the rental of town real property located in the area of the town are to be credited to the …
https://www.osc.ny.gov/legal-opinions/opinion-2006-10