Search
Opinion 91-3
… we have stated that, since Highway Law, §142(2) is a more specific statute with respect to highway equipment, … controls how, when and where highway equipment is to be used so long as the equipment is being used for lawful town highway purposes (1983 Opns St …
https://www.osc.ny.gov/legal-opinions/opinion-91-3Opinion 88-59
… cash surplus or unanticipated revenues within a fund or by borrowing pursuant to the Local Finance Law …
https://www.osc.ny.gov/legal-opinions/opinion-88-59Opinion 91-36
… issues discussed in the opinion. ZONING AND PLANNING -- Park Lands (use of village park trust fund moneys to develop facilities in town park) PARKS AND RECREATION -- Joint Parks (use of village … Whether park land fees imposed upon subdividers by a newly … used to finance additional facilities in an existing town park located in the village …
https://www.osc.ny.gov/legal-opinions/opinion-91-36Opinion 89-3
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The opinion … to your inquiry concerning a purchase of equipment by a political subdivision from a vendor holding a State contract which contains a price extension clause allowing political subdivisions to participate in the contract award. …
https://www.osc.ny.gov/legal-opinions/opinion-89-3Opinion 91-26
… Services (provided to public library by firm employing daughter of library board member) -- Codes of Ethics … public library and firm employing library board member's daughter) -- Interest In Contract (library board member in … from having an interest in any contract of his or her municipality if the officer or employee, individually or …
https://www.osc.ny.gov/legal-opinions/opinion-91-26Opinion 90-54
… Retirement Systems constitute marital property subject to the equitable distribution provisions of the Domestic … Law, and, therefore, may be paid by the Retirement System to an alternative payee upon receipt of a duly issued court … §§60, 360, 508, 606: The Retirement System is required to pay ordinary death benefits to the beneficiary last …
https://www.osc.ny.gov/legal-opinions/opinion-90-54Opinion 92-13
… opinion. LOCAL LAWS -- Procedural Requirements (necessity to address only a single subject) -- Terms of Office (single … Terms of Office (change in terms of town offices from two to four years) MUNICIPAL HOME RULE LAW, … the town clerk and the town supervisor from two to four years does not violate the "single subject" …
https://www.osc.ny.gov/legal-opinions/opinion-92-13Opinion 89-58
… opinion. IMPROVEMENT DISTRICTS -- Establishment (authority to establish overlapping town districts authorized to provide same improvements or services) PARK DISTRICTS -- Establishment (authority to establish park district within an existing park district) … Whether a town pursuant to article 12 or sections 81 or 220 of the Town Law may …
https://www.osc.ny.gov/legal-opinions/opinion-89-58Opinion 90-9
… of this article". Therefore, since section 5-524 is contained in Article 5 of the Village Law, it is our opinion that a village may not supersede the … contained in Article 5 strongly suggests that Article 5 is intended to have uniform application to all villages …
https://www.osc.ny.gov/legal-opinions/opinion-90-9XI.11.D Equipment and Software Maintenance Contracts – XI. Procurement and Contract Management
… maintenance procurements in the New York State Contract Reporter (Contract Reporter). If the agency is seeking a waiver from advertising in the Contract Reporter, OSC must approve the exemption before the contract …
https://www.osc.ny.gov/state-agencies/gfo/chapter-xi/xi11d-equipment-and-software-maintenance-contractsOpinion 89-20
… OF INTEREST -- Codes of Ethics (town's code not applicable to fire district officers and employees) -- Board of Ethics (town board of ethics may not act with respect to fire district officers and employees) GENERAL MUNICIPAL … LAW, §§806, 808: A town's code of ethics does not apply to officers and employees of a fire district located within …
https://www.osc.ny.gov/legal-opinions/opinion-89-20Opinion 89-43
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … §§174(2), 176(2-a): A fire district may change the office of fire district treasurer from an elective to an appointive … Whether the elective office of fire district treasurer may be abolished and replaced by …
https://www.osc.ny.gov/legal-opinions/opinion-89-43Opinion 91-15
… newly incorporated village before development of the plat is completed, the village may not impose an additional park … increase the number of lots or the overall density. This is in reply to your letter concerning payment by a developer … 558, the Court held that Town Law, §274-a relating to site plan review did not authorize a town to impose a park …
https://www.osc.ny.gov/legal-opinions/opinion-91-15Opinion 92-12
… village or fire district to pay to a paid firefighter who is disabled as a result of injury or sickness incurred or … also provides that the municipality or fire district is liable for all medical treatment and hospital care … to be discontinued with respect to any firefighter who is permanently disabled as a result of such injury or …
https://www.osc.ny.gov/legal-opinions/opinion-92-12Opinion 99-1
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The … in the opinion. VOLUNTEER FIREFIGHTERS -- Service Award Program (requirement that program assets be held in … Whether the assets of a service award program for volunteer firefighters must be …
https://www.osc.ny.gov/legal-opinions/opinion-99-1Village of Deposit - Nonpayroll Disbursements and Real Property Tax Enforcement (2018M-99)
… all disbursements were approved before payment and listed on an approved abstract. Did not ensure all disbursements … disbursements before payment, unless otherwise allowed by law. 1 Ensure disbursements are adequately supported and for … records and report. 1 New York State Village Law (Village Law) Section 5-524 …
https://www.osc.ny.gov/local-government/audits/village/2018/08/03/village-deposit-nonpayroll-disbursements-and-real-property-tax-enforcement-2018mOpinion 97-9
… OF INTEREST -- Disclosure of Interest (negative impact of zoning change on board member's business) -- Zoning Changes (disclosure and recusal where negative impact on board member's business) ZONING AND PLANNING -- Zoning Changes (effect of negative …
https://www.osc.ny.gov/legal-opinions/opinion-97-9Opinion 2011-1
… to serve as the staff of not-for-profit corporations. This is in reply to your request for our opinion as to whether an … IDAs with certain powers and duties. An IDA, however, is a "creature of statute" ( AG-II Acquisition Corp. v Board … its employees to serve as the staff of another entity is not necessarily dispositive of an IDA's authority to do …
https://www.osc.ny.gov/legal-opinions/opinion-2011-1Opinion 97-17
… of a city and county public library to complete and file an annual financial disclosure form promulgated by the … of a "city and county public library" to complete and file an annual financial disclosure form promulgated by the … officers and employees" required to complete and file the annual statement of financial disclosure ( id .). We …
https://www.osc.ny.gov/legal-opinions/opinion-97-17Opinion 91-49
… a county legislative body "may, when satisfied that it is for the interest of the county... discontinue a county … when a statute commits a decision to a governing body and is silent as to the method of its exercise, the governing … §153[4]; 1990 Opns St Comp No. 90-5, p 12). Therefore, it is our opinion that the county may convey, at private sale, …
https://www.osc.ny.gov/legal-opinions/opinion-91-49