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Opinion 95-11
… or statutory amendments that bear on the issues discussed in the opinion. PUBLIC OFFICERS AND EMPLOYEES -- Compensation (applicability of General Municipal Law, §207-m to salary of temporary or provisional head of … appointments are viewed by the courts as "mere stop-gaps", being made for reasons of necessity or urgency ( Koso v …
https://www.osc.ny.gov/legal-opinions/opinion-95-11Opinion 91-10
… or statutory amendments that bear on the issues discussed in the opinion. WORDS AND PHRASES -- "In the same manner and … is not subject to the provisions of Article 13 of the Town Law. Judgments against the board of commissioners would be … the intent of this provision was to prevent property from being included in two park districts, rather than to exempt …
https://www.osc.ny.gov/legal-opinions/opinion-91-10Opinion 88-18
… or statutory amendments that bear on the issues discussed in the opinion. TAXES -- Mortgage Tax (distribution to newly … Incorporation (right to distribution of mortgage tax) TAX LAW, §261(3); VILLAGE LAW, §2-234(1)(c): A newly incorporated … was June 1, 1987. Inasmuch as the payment period being considered, October 1, 1986 to March 31, 1987, preceded …
https://www.osc.ny.gov/legal-opinions/opinion-88-18Opinion 88-29
… or statutory amendments that bear on the issues discussed in the opinion. CONFLICTS OF INTEREST -- Purchases and Sales … of real property from village IDA) GENERAL MUNICIPAL LAW, §§800[4], 856: Although under the literal provisions of … overlap, if not identity, of interest. * * * * The towns, being more numerous, were assigned the initial duty to …
https://www.osc.ny.gov/legal-opinions/opinion-88-29Opinion 96-8
… or statutory amendments that bear on the issues discussed in the opinion. FEES -- Justice Courts (payment of fees pursuant to General Municipal Law, §99-l[1][a] for handling violations of toll collection … completed and sent to the Thruway Authority, with a copy being filed and retained by the court. Additionally, if the …
https://www.osc.ny.gov/legal-opinions/opinion-96-8DiNapoli: Former Hempstead School District Official Pleads Guilty to Credit Card Fraud
… Provisional Supervisor of Facilities for the Hempstead School District, pleaded guilty today at the federal … to access device fraud in connection with his misuse of a school district credit card. The plea was entered before …
https://www.osc.ny.gov/press/releases/2019/09/dinapoli-former-hempstead-school-district-official-pleads-guilty-credit-card-fraudOpinion 90-60
… or statutory amendments that bear on the issues discussed in the opinion. REFUSE AND GARBAGE -- Solid Waste Facility … to finance recycling center under General Municipal Law, §120-w) PUBLIC CONTRACTS -- Installment Purchases (to … previously construed the provisions of section 109-b as being applicable to an "installment purchase contract" …
https://www.osc.ny.gov/legal-opinions/opinion-90-60Opinion 2001-9
… or statutory amendments that bear on the issues discussed in the opinion. CONFLICTS OF INTEREST -- Codes of Ethics … with not-for-profit corporations) GENERAL MUNICIPAL LAW §§801, 802(1)(f), 803, 805-a: A member of a county … firm, corporation or association," solely by reason of being employed as an officer or employee thereof. The …
https://www.osc.ny.gov/legal-opinions/opinion-2001-9Opinion 99-10
… or statutory amendments that bear on the issues discussed in the opinion. PUBLIC CONTRACTS -- Energy Performance … (as distinguished from "expected useful life") ENERGY LAW, §9-103; LOCAL FINANCE LAW, §11.00(a): The "expected … not exceed 18 years, or the useful life of the equipment being installed, whichever is less" (8 NYCRR …
https://www.osc.ny.gov/legal-opinions/opinion-99-10Opinion 98-12
… or statutory amendments that bear on the issues discussed in the opinion. CITIES -- Powers and Duties (commingling of … to temporarily finance operations of the other) EDUCATION LAW, §2580(1), (4); GENERAL MUNICIPAL LAW, §9-a: The moneys … are intended to prevent school district funds from being used for any purpose other than education and this …
https://www.osc.ny.gov/legal-opinions/opinion-98-12Oversight of Mental Health Education in Schools (Follow-Up)
… of implementation of the two recommendations included in our initial audit report, Oversight of Mental Health Education in Schools (Report 2020-S-63 ). About the Program As the … non-profit organization, led a call to action for a State law that would require mental health instruction in the …
https://www.osc.ny.gov/state-agencies/audits/2023/09/27/oversight-mental-health-education-schools-followOversight of the Early Intervention Program (Follow-Up)
… of implementation of the five recommendations included in our initial audit report, Oversight of the Early … with Disabilities Education Act and State Public Health Law include specific requirements and time frames for the … Equity was also an issue, with White children generally being referred at a younger age and Black children being less …
https://www.osc.ny.gov/state-agencies/audits/2024/09/26/oversight-early-intervention-program-followOpinion 2000-8
… or statutory amendments that bear on the issues discussed in the opinion. CONFLICTS OF INTEREST -- Interest in Contract … -- Contracts for (home health care services) PUBLIC HEALTH LAW §352; GENERAL MUNICIPAL LAW §§800(3), 802(1)(f): A county … home health care services, with those functions instead being performed by a deputy. You ask whether a county public …
https://www.osc.ny.gov/legal-opinions/opinion-2000-8Rensselaer County Industrial Development Agency – Payments in Lieu of Taxes (2021M-74)
… Development Agency (RCIDA) officials ensured payments in lieu of taxes (PILOTs) were properly billed, collected and … an inconsistent payment calculation process that resulted in two projects being overbilled a total of $170,842 and two projects being …
https://www.osc.ny.gov/local-government/audits/county/2025/01/24/rensselaer-county-industrial-development-agency-payments-lieu-taxes-2021m-74Opinion 89-37
… or statutory amendments that bear on the issues discussed in the opinion. STATE COMPTROLLER -- Powers and Duties … -- Pawnbrokers (authority to license) GENERAL BUSINESS LAW, §§40, 52, 53: A license must be obtained from the the … business enterprise is a "collateral loan broker", being guided by statute (General Business Law, §52). Only …
https://www.osc.ny.gov/legal-opinions/opinion-89-37Opinion 89-29
… or statutory amendments that bear on the issues discussed in the opinion. REAL PROPERTY -- Sale (authority of village … exchange property with a federal agency) GENERAL MUNICIPAL LAW, §72-h; VILLAGE LAW, §1-102(1): A village may acquire a … a municipal purpose and could thus be considered as being unauthorized by section 1-102(1). Assuming …
https://www.osc.ny.gov/legal-opinions/opinion-89-29DiNapoli: Livingston County Woman Arrested for Theft of Deceased Mother's Pension Payments
… of her mother’s public pension payments after she died in January of 2020. “Ms. Chatley allegedly concealed her … the State Police, and District Attorney McCaffrey, she is being held accountable for her actions. My office will continue to work with law enforcement agencies across the state and country to …
https://www.osc.ny.gov/press/releases/2024/01/dinapoli-livingston-county-woman-arrested-theft-deceased-mothers-pension-paymentsLow-Income Housing Trust Fund Program
… Low-Income Housing Trust Fund Program (Program) funds are being awarded and disbursed in an efficient manner to help meet the State's critical … between $25 million and $39 million to be used in conjunction with other State, Federal, or private …
https://www.osc.ny.gov/state-agencies/audits/2014/08/28/low-income-housing-trust-fund-programOpinion 92-52
… or statutory amendments that bear on the issues discussed in the opinion. PUBLIC AUTHORITIES -- Municipal Cooperation … investment with public authorities) PUBLIC AUTHORITIES LAW, §§1197-e(22), 1197-j: The Water Authority of Great Neck … by the specific purposes enumerated in subdivision 22 as being the proper subject of cooperative agreements made by …
https://www.osc.ny.gov/legal-opinions/opinion-92-52Opinion 96-19
… or statutory amendments that bear on the issues discussed in the opinion. FIRE DISTRICTS -- Powers and Duties (joint … for use as town hall and fire station) GENERAL MUNICIPAL LAW, §119-o; TOWN LAW, §§64(2), 81(1)(c), 176(14), 220(3): A … pertinent issues in the particular construction project being considered. We believe, at a minimum, the underlying …
https://www.osc.ny.gov/legal-opinions/opinion-96-19