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State Health Department Should Improve Enforcement of Nursing Home Violations
… Health (DOH) needs to fix problems and delays with how it is assessing fines to nursing homes after violations are … 2008, the maximum fine allowed for a violation was just $2,000 per incident even for those that result in serious … are identified. My family suffered the pain first hand of what can happen when their loved one is not properly cared …
https://www.osc.ny.gov/press/releases/2016/02/state-health-department-should-improve-enforcement-nursing-home-violationsOpinion 2002-17
… was aware of the relationship between the engineer and the low bidder. The court, in determining that, under the … his powers under the specifications favorably to [the low bidder], if it obtained the contract, and unfavorably to … if they secured it. The contract awarded to [the low bidder] is, therefore, void and should be annulled …
https://www.osc.ny.gov/legal-opinions/opinion-2002-17Opinion 90-1
… of Senate Bill No. 8895, enacted as L 1986 ch 812, New York StateLegislative Annual, 1986, pp 339-340). In view of …
https://www.osc.ny.gov/legal-opinions/opinion-90-1Opinion 92-57
… Interest and Penalties (by State to village) STATE FINANCE LAW, §§112, 179-p; VILLAGE LAW, §11-1120: In the absence of an agreement approved by the … on the bill. DOCS has informed you that the Comptroller's rules and regulations prohibit interest payments to …
https://www.osc.ny.gov/legal-opinions/opinion-92-57Opinion 92-52
… utility companies, individuals, firms or corporations. We do not believe that this is what the Legislature intended. …
https://www.osc.ny.gov/legal-opinions/opinion-92-52Opinion 97-11
… Article 18 of the General Municipal Law does not authorize a city to require members of the city's housing authority to … authority has a corporate existence separate and apart from the municipality for which it is created (see Public Housing Law, §3[2]; see also 1988 Opns St Comp No. 88-64, p 126). Therefore, it has been our opinion …
https://www.osc.ny.gov/legal-opinions/opinion-97-11Opinion 92-36
… spent the money to upgrade their 911 service area should pay the surcharge". County Law, §303(1) provides as follows: … of every service supplier within such municipality to pay for the costs associated with obtaining and maintaining … by service suppliers in the E911 service area to "...pay for the costs associated with obtaining and maintaining …
https://www.osc.ny.gov/legal-opinions/opinion-92-36Opinion 91-26
… views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues … the library and firms which employ relatives of library officers and employees. This is in reply to your letter … between the municipality and a firm, partnership or association of which the municipal officer or employee is a …
https://www.osc.ny.gov/legal-opinions/opinion-91-26DiNapoli: NYC Dept. of Buildings Is Not Doing Enough to Improve Construction Site Safety
… The New York City Department of Buildings (DOB) is not doing … on building sites, according to an audit released by New York State Comptroller Thomas P. DiNapoli . The audit … injuries and fatalities. “Construction is key to New York City’s economy, but as the sector recovers from the …
https://www.osc.ny.gov/press/releases/2022/09/dinapoli-nyc-dept-buildings-not-doing-enough-improve-construction-site-safetyOpinion 88-39
… statutes have no application to the instant situation. Section 540.10 pertains to the forfeiture of bail generally … of the county. With respect to such bail, however, this section only concerns bail deposited with the county … forfeiture, as it was held in the instant situation (see section 540.10[2]). Section 540.20 more particularly pertains …
https://www.osc.ny.gov/legal-opinions/opinion-88-39Security Self-Assessment: Questions – Information Technology Governance
… Self-Assessment Questions A fillable form is available for download and completion online at … when last updated: Contracts and Service Level Agreements for IT Services 4a Do contracts and SLAs for IT services specify the level of service to be provided …
https://www.osc.ny.gov/local-government/publications/it-governance/security-self-assessment-questionsDiNapoli Releases Report on NYS Executive Budget
… caused by the COVID-19 pandemic, the state’s finances have stabilized, and the Division of Budget (DOB) is now … receipts. Proposals included in the Executive Budget will have a minimal net impact to state revenues in SFY 2024-25. … revenues. Reserve Funds The Executive and the Legislature have increased state reserve funds in recent years, including …
https://www.osc.ny.gov/press/releases/2024/02/dinapoli-releases-report-nys-executive-budgetOpinion 90-15
… may establish the office of deputy police commissioner to be appointed by the town board. If no term of office is … fixed by resolution, or other compensation paid pursuant to local law, should be commensurate with the duties of the … has appointed the town supervisor as commissioner pursuant to Town Law, §150, may appoint a deputy police commissioner …
https://www.osc.ny.gov/legal-opinions/opinion-90-15Opinion 88-50
… a village may use moneys in a capital reserve fund to pay for work on a 15 year old, 250,000 gallon water storage tank. … authorizes villages to establish capital reserve funds for the purpose of financing all or part of the cost of the … water storage tank clearly is a "capital improvement" for purposes of section 6-c (see GML, §6-c[1][b][1]). Since …
https://www.osc.ny.gov/legal-opinions/opinion-88-50Opinion 88-48
… district corporation and board of cooperative education services". Therefore, since the Authority is constituted as a …
https://www.osc.ny.gov/legal-opinions/opinion-88-48Opinion 88-31
… (refund of 2% cash bail fee) GENERAL MUNICIPAL LAW, §99-m: A county treasurer is not required to refund the fee … Section 99-m of the General Municipal Law provides that: "When, pursuant to the provisions of title P of the criminal … liability (see NY Legis Ann., 1986, p 128). Section 99-m does not define the word "case", but CPL, §1.20(16) defines a …
https://www.osc.ny.gov/legal-opinions/opinion-88-31Opinion 89-49
… Fees (in proceeding for appointment of administrator c.t.a. or d.b.n., or successor executor) SURROGATE'S COURT … (SCPA) based on the value of unadministered estate assets when a proceeding is brought for the appointment of an … enumerated proceedings from the imposition of a fee, does not have any application to these proceedings. …
https://www.osc.ny.gov/legal-opinions/opinion-89-49Opinion 89-41
… mandatory referendum to establish a service award program for the volunteer firefighters of a fire district may be … prior to the establishment of a service award program for the volunteer firefighters of a fire district pursuant to … authorizes the establishment of a "service award program" for the volunteer firefighters of: (1) a "political …
https://www.osc.ny.gov/legal-opinions/opinion-89-41Opinion 88-65
… when taxes are paid by mortgagee) REAL PROPERTY TAX LAW, §986(1)(3): Collecting officers must provide tax … which receives money from a mortgagor for the purpose of payment of real property taxes on such property, shall at … to the mortgagor any paid bill it has received for the payment of such taxes. Such bill shall be enclosed with a …
https://www.osc.ny.gov/legal-opinions/opinion-88-65Opinion 88-60
… This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The opinion … Ribinovich , 171 Misc 569, 13 NYS2d 135; Gushee v City of New York , 42 App Div 37, 58 NYS 967; 11 Opns St Comp, 1955, p …
https://www.osc.ny.gov/legal-opinions/opinion-88-60