Search
Opinion 2003-7
… directly related to, and necessary to proceed with, an improvement to park land. Such moneys also may be expended to undertake a study of the feasibility of particular capital improvements … population growth to which the particular subdivision plat will contribute ( id .). If the planning board makes a …
https://www.osc.ny.gov/legal-opinions/opinion-2003-7Opinion 89-36
… capital improvement has a period of probable usefulness of five years) GENERAL MUNICIPAL LAW, §6-c(4), (8): There are no … obligations would have a proposed maturity of more than five years, and the capital improvement has a period of probable usefulness of exactly five years. You ask whether the permissive referendum …
https://www.osc.ny.gov/legal-opinions/opinion-89-36Opinion 92-5
… CONSTITUTIONAL LAW -- Gifts and Loans (granting of license or concession for fair and adequate consideration) REAL PROPERTY -- License (authority of school district to grant) SCHOOL DISTRICTS -- Powers and Duties (authority to grant license) STATE CONSTITUTION, ARTICLE VIII, §1: There is no …
https://www.osc.ny.gov/legal-opinions/opinion-92-5Opinion 92-38
… of service until new chief appointed) -- Vacancy (procedure for filling in village) VILLAGE BOARD -- Powers and … Law, §10-1012, the village fire department submitted the name of a nominee for the office fire department fire chief … annually by the delegates to the fire department general convention unless the board of fire commissioners has adopted …
https://www.osc.ny.gov/legal-opinions/opinion-92-38Opinion 98-20
… the views of the Office of the State Comptroller at the time it was rendered. The opinion may no longer … have the powers of and render service as peace officers, at such times as the fire department, fire company or an …
https://www.osc.ny.gov/legal-opinions/opinion-98-20Opinion 91-56
… responsibility or duty (see, gen., Black's Law Dictionary, 5th Edition, 1979). Thus, an obligation to pay outstanding …
https://www.osc.ny.gov/legal-opinions/opinion-91-56Opinion 91-63
… the views of the Office of the State Comptroller at the time it was rendered. The opinion may no longer … involves questions of fact to be resolved initially at the local level. For example, you state that the …
https://www.osc.ny.gov/legal-opinions/opinion-91-63Opinion 91-62
… is no longer needed for village purposes may be conveyed ( cf . County Law, §215[4]). This Office has consistently … of village property to a school district public library ( cf . 1981 Opns St Comp No. 81-81, p 82, concerning the … library, it does not authorize gifts of real property ( cf . 1983 Opns St Comp No. 83-117, p 146). Although there is …
https://www.osc.ny.gov/legal-opinions/opinion-91-62DiNapoli & Schneiderman Announce Sentencing of Former MET Council Insurance Broker
… Council and agreed to a judgment against him in the amount of $956,000 in favor of Met Council. The joint investigation … area with social, economic, housing, food and emergency financial assistance. Met Council receives funding through … kickbacks to Cohen and Herb Friedman, Met Council's former chief financial officer. In 1993, William Rapfogel took over …
https://www.osc.ny.gov/press/releases/2015/03/dinapoli-schneiderman-announce-sentencing-former-met-council-insurance-brokerOpinion 88-23
… the corporation and the village unless (a) his or her stock ownership amounts to less than 5% of the outstanding stock and (b) as employee and officer of the corporation, his … reason of stockholdings if less than 5% of the outstanding stock of the corporation is owned or controlled directly or …
https://www.osc.ny.gov/legal-opinions/opinion-88-23Opinion 91-29
… bear on the issues discussed in the opinion. FOREIGN FIRE INSURANCE TAXES -- Exempt Volunteer Firemen's Benevolent … -- Treasurer's Powers (liability for tax moneys) INSURANCE LAW, §§9104, 9105; NOT-FOR-PROFIT CORPORATION LAW, … Association of Lakeview may not expend foreign fire insurance tax moneys to pay for an eye care plan, hospital …
https://www.osc.ny.gov/legal-opinions/opinion-91-29Opinion 90-27
… within the proposed district (Town Law, §189-a[2][b]). Notice of the hearing must be published at least once in a … less than 10 days before the date of the hearing. Also, notice must be mailed to members of the town and village boards. The notice must contain a brief description of the boundaries of …
https://www.osc.ny.gov/legal-opinions/opinion-90-27Opinion 90-43
… who were not members of a State retirement system and who died as a result of injuries incurred in the performance of … attained age eighteen or sooner die, then to 2. His or her child or children under age eighteen, divided in such manner … widower as a joint and survivor pension until every such child shall have attained age eighteen or sooner die. The …
https://www.osc.ny.gov/legal-opinions/opinion-90-43Opinion 90-11
… outside the context of collective bargaining, if overtime provisions of the federal Fair Labor Standards Act (FLSA) are … Act (FLSA) did not apply to state and local governments ( National League of Cities v Usery , 426 US 833, 96 S Ct 2465, … the governing board of each municipal corporation, by ordinance, local law, resolution, order or rule, to provide …
https://www.osc.ny.gov/legal-opinions/opinion-90-11Opinion 2005-5
… that bear on the issues discussed in the opinion. POLICE AND POLICE PROTECTION -- Police Chief (entitlement to increase in compensation when … Whether the police chief is entitled to a monetary payment in the amount …
https://www.osc.ny.gov/legal-opinions/opinion-2005-5Opinion 2007-6
… of Dolgeville , 87 NY2d 883, 639 NYS2d 1006; see also 2005 Ops St Comp No. 2005-5, at 13; 1995 Ops St Comp No. 95-31, at 63; 1991 Ops St Comp No. 91-35, at 106). Prior to the 1999 amendments, …
https://www.osc.ny.gov/legal-opinions/opinion-2007-6Opinion 97-9
… views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues … impact the businesses of the two board members. Article 18 of the General Municipal Law (§800 et seq .) contains the … §801), and none of the exceptions contained in article 18 are applicable (see General Municipal Law, §802). If an …
https://www.osc.ny.gov/legal-opinions/opinion-97-9Opinion 97-25
… the board until after the board approves the applications) PUBLIC OFFICERS AND EMPLOYEES -- Ethics (performance of … and compensated services may give rise to at least the appearance of an express or implied agreement for compensated … of section 805-a(1)(c). The courts of this State have held public officials to a high standard of conduct and, on …
https://www.osc.ny.gov/legal-opinions/opinion-97-25Opinion 93-14
… service within a county sewer district) SEWER DISTRICTS -- Construction (extension of service within county district) … and the improvements have been acquired or completed, the construction of additional trunk and lateral sewers in the … board shall, after a public hearing, determine whether the construction or acquisition of additional facilities is in …
https://www.osc.ny.gov/legal-opinions/opinion-93-14Opinion 95-10
… and burial grounds. A town has a duty to erect a fence encircling a cemetery or burial ground in the first … and subject to referendum requirements, construct a fence in front of or encircling a cemetery falling within the … to the provisions of section 291, the town must erect a fence entirely around the cemetery or may merely erect a …
https://www.osc.ny.gov/legal-opinions/opinion-95-10