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Opinion 89-22
… Misc 379, 85 NYS2d 54, affd 275 AD 492, 90 NYS2d 650, affd 300 NY 533, 89 NE2d 253). However, in Magliano v Merckling , …
https://www.osc.ny.gov/legal-opinions/opinion-89-22Opinion 2005-3
… 109-b: A union free school district is not authorized to construct, or enter into a lease for the construction of, a parking garage to be used primarily for commercial purposes. In addition, a … a building currently in use for school district purposes, to be reacquired by lease-purchase agreement. This is in …
https://www.osc.ny.gov/legal-opinions/opinion-2005-3Opinion 98-20
… subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. FIRE COMPANY -- Fire … for appointment to fire police squad) GENERAL MUNICIPAL LAW, §209-c; TOWN LAW, §176(11): An otherwise qualified individual may be …
https://www.osc.ny.gov/legal-opinions/opinion-98-20Opinion 91-63
… subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. CONFLICTS OF INTEREST … president and owner of hardware store) GENERAL MUNICIPAL LAW, §801: A town councilman who resides with the owner and … the store is located. Article 18 of the General Municipal Law (§800, et seq .) contains provisions of law which relate …
https://www.osc.ny.gov/legal-opinions/opinion-91-63Opinion 98-5
… 802, 803, 806: An elective county coroner, who is also a funeral director, generally, would not have a prohibited … You ask whether an elective county coroner, who is also a funeral director, would have a prohibited interest in a … the county's code of ethics are not violated, when burial arrangements for public assistance recipients are made by the …
https://www.osc.ny.gov/legal-opinions/opinion-98-5Opinion 88-65
… must provide a tax receipt when taxes are paid from a mortgage escrow account. You have also asked whether a … such taxes. Such bill shall be enclosed with a succeeding mortgage statement sent to such mortgagor. This section shall … to the mortgagor at least annually with a succeeding mortgage statement. This conclusion applies to payments of …
https://www.osc.ny.gov/legal-opinions/opinion-88-65Opinion 93-23
… in the opinion. CONFLICTS OF INTEREST -- Electrical Services (chair of planning board who performs work for town … to General Municipal Law, §800(3), a municipal officer or employee has an interest in any contract with his or her … Law, §802), that interest is prohibited if the officer or employee, individually or as a member of a board, has the …
https://www.osc.ny.gov/legal-opinions/opinion-93-23Accounts Payable Advisory No. 21
… Subject: Referencing a Master Contract on a Voucher Guidance: This advisory is to inform Business Units … new guidelines for referencing a Master Contract ID on a voucher. As stated in Advisory Number 8 ( One Invoice Per Voucher – Business Units ) Business Units can only include …
https://www.osc.ny.gov/state-agencies/advisories/accounts-payable-advisory/21-master-contractsOpinion 92-8
… By implication, the municipal share under section 80-b is established as any portion of the total project cost in … share to be deposited with the State Comptroller, who is authorized to receive and accept the same for such … municipal street and highway projects. The repayment is made from the proceeds of obligations issued by the New …
https://www.osc.ny.gov/legal-opinions/opinion-92-8Food Metrics Implementation (Follow-Up)
… their New York State food purchases, the State Finance Law (Law) requires the Office of General Services (OGS) and the … regulations, establish guidelines, and provide training on New York State food purchasing to agency personnel …
https://www.osc.ny.gov/state-agencies/audits/2018/12/27/food-metrics-implementation-followOpinion 90-55
… or statutory amendments that bear on the issues discussed in the opinion. POLICE AND POLICE PROTECTION -- Disability … its police department remains obligated to pay benefits in accordance with General Municipal Law, §207-c to police officers injured in the line of duty prior to the abolition of the department. …
https://www.osc.ny.gov/legal-opinions/opinion-90-55Opinion 88-45
… Whether a line of credit between and the county is legal …
https://www.osc.ny.gov/legal-opinions/opinion-88-45Oversight of Mental Health Education in Schools
… health instruction in the kindergarten–Grade12 health curriculum. With the passage of the legislation, which … mental health education into their health education curriculum, namely in the form of issued guidance and … districts statewide have established a mental health curriculum and that schools are implementing it. However, the …
https://www.osc.ny.gov/state-agencies/audits/2022/04/11/oversight-mental-health-education-schoolsOpinion 96-19
… 5-G, enter into a municipal cooperation agreement to jointly acquire real property and construct a building … a town and a fire district located within the town may jointly purchase land and construct a building thereon to be … the town and fire district may, pursuant to article 5-G, jointly acquire land and construct thereon a building …
https://www.osc.ny.gov/legal-opinions/opinion-96-19Opinion 94-33
… 164), even though the person may be carried on a separate roster as an inactive, honorary, life, social, or some …
https://www.osc.ny.gov/legal-opinions/opinion-94-33Opinion 92-47
… a separate bank account. Although a separate bank account is not required, however, the surcharge revenue must be … and used for the E911 system costs, we note that there is no requirement in article 6 that interest earned be … as other revenues within the fund in which the account is included. We note that this conclusion is consistent with …
https://www.osc.ny.gov/legal-opinions/opinion-92-47Opinion 89-50
… CONSTITUTION, Art. VIII, §1: A town may expend moneys to pay for an improvement on private property to alleviate a drainage problem if it is determined that the … existence of a "special relationship", the town, subject to judicial approval, could agree to undertake the drainage …
https://www.osc.ny.gov/legal-opinions/opinion-89-50Opinion 2003-7
… Law §277[4][c]; Twin Lakes Development v T own of Monroe , 300 AD2d 573, 752 NYS2d 546; Long Clove v Town of Woodbury , …
https://www.osc.ny.gov/legal-opinions/opinion-2003-7Opinion 94-3
… opinion. STATE COMPTROLLER -- Approval by (for proceeding to improve road pursuant to Town Law, §200) STREETS AND HIGHWAYS -- Improvements … street improvements against abutting owners); (necessity to obtain approval of State Comptroller pursuant to Town Law, …
https://www.osc.ny.gov/legal-opinions/opinion-94-3Opinion 2001-4
… additional hourly rate for duties performed in connection with a revaluation. When compensation is paid in this manner, … of Waterloo , 245 AD2d 1079, 667 NYS2d 553 mot for lv to app dsmd 91 NYS2d 957, 671 NYS2d 717; Benjamin v Town of … Sacco v Maruca , 175 AD2d 578, 573 NYS2d 787 mot for lv to app denied 78 NY2d 862, 578 NYS2d 877, concerning referendum …
https://www.osc.ny.gov/legal-opinions/opinion-2001-4