New York Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New York, with full citations and the original source on every page.
Are volunteer members of New York's No-Fault and SUM arbitrator screening committees protected by the state's defense-and-indemnification statute when sued for committee work?
Yes. Both committees' members hold their positions by appointment and act in the service of the state, so they qualify as state 'employees' under Public Officers Law § 17 and are entitled to state-pai…
When a New York village voter selects the same person for two incompatible offices on one ballot (printed for one, write-in for the other), how should the votes be counted?
Both votes should be counted as blank for those two offices. Treating the ballot as ambiguous follows Election Law § 9-112(6) and avoids letting one person become a candidate for two incompatible offi…
Once the New York Legislature passes a special law authorizing a property transfer for a fire substation, can the town change the substation's size without going back to the Legislature?
Yes. Where the special law itself does not specify the substation's size and the home rule request's size limit was not adopted by the Legislature, the town can revise the size through normal local pr…
Can a New York village switch from one-vote-per-candidate trustee elections to cumulative voting through a local law, and does the change need a referendum?
Yes on both. The Attorney General concluded that the Village of Port Chester could adopt cumulative voting (where each voter has as many votes as there are open seats and may pile multiple votes on on…
Does the New York State Deferred Compensation Board have to investigate, monitor, or enforce compliance by local government deferred compensation plans, either generally or after it learns one might be out of compliance?
No. AG Schneiderman concluded that the Board has authority to set the framework rules for local plans but no statutory duty to investigate, monitor, or enforce compliance, even after notice. Local pla…
When the New York State Comptroller audits the State Education Department and needs access to student records protected by Education Law § 2-d, does the Comptroller have to comply with the law's special rules for 'third party contractors'?
No. AG Schneiderman concluded that the Comptroller's audit authority comes from the State Constitution, not from a contract with the audited agency, so the Comptroller is not a 'third party contractor…
Can a New York county's director of emergency services also serve as the assistant fire chief of a joint fire district located in the same county?
Yes. AG Schneiderman's office concluded the two roles are compatible as a matter of law, because the assistant fire chief reports to the fire district (not to the county), and the duties of the two of…
If a New York town wants to convert parkland-located parking spaces from boat-trailer spaces to general municipal parking, does the State Legislature have to pass a special law to authorize the change?
Yes. AG Schneiderman's office concluded that any meaningful change in use of land dedicated to park purposes, including converting boat-trailer spots to general car parking, is a 'diversion' of parkla…
Can a New York town shorten the term of office for its planning board members by passing a local law?
Yes. AG Schneiderman's office concluded that a town can use its home-rule authority to supersede Town Law § 271 and impose shorter planning-board terms; the new law applies prospectively unless made r…
Can a New York elected county coroner also serve as the chief investigator for the district attorney's office?
No. AG Schneiderman's office concluded that the offices of elected coroner and chief investigator for the district attorney are incompatible because the coroner must conduct death investigations indep…
Can a New York town's list of licensed dogs be used at the animal shelter to redeem a seized dog instead of requiring the owner to produce the actual license?
Partially yes. AG Schneiderman's office concluded that a consistently and accurately maintained municipal list of licensed dogs can satisfy the statutory 'proof' requirement, but the owner still has t…
Can a New York city's charter give the mayor and city council members the power to administer oaths and take affidavits, even if they aren't commissioners of deeds?
Yes. AG Schneiderman concluded that the Auburn City Charter's grant of oath-administering power to the mayor and council members is valid; nothing in Executive Law § 139(1) makes commissioners of deed…
Does a foreign naval ship visiting New York (for example, a vessel attending Fleet Week) have to take a New York-licensed pilot to enter or leave port?
Yes, but enforcement is limited. AG Schneiderman concluded that New York's compulsory pilotage law applies to foreign public (non-commercial) vessels because no federal statute or treaty exempts them,…
Could an abortion in New York performed after 24 weeks be lawful when the fetus was not viable, or when the procedure was needed to protect the pregnant woman's health, even though the Penal Law's text only excused abortions necessary to save her life?
Yes. AG Schneiderman concluded that to remain consistent with the federal Constitution as interpreted by the U.S. Supreme Court, Penal Law § 125.05 had to be read as containing implicit exceptions for…
Can a New York county let voters fill out their voter registration application online and sign it electronically, instead of using a paper form and pen-and-ink signature?
Yes, with limits. AG Schneiderman's office concluded that the Election Law does not require a wet-ink signature, so a registrant can sign electronically. But the electronic signature must look like a …
If a New York business offers to dispose of pet remains through alkaline hydrolysis (a chemical 'flameless cremation' process), does it need a pet-cemetery or pet-crematorium license under General Business Law Article 35-C?
Yes. AG Schneiderman concluded that Article 35-C's licensing requirement covers any entity that offers, for a fee, to dispose of pet remains by 'earth burial, entombment, inurnment, cremation or other…
When a New York village wants to remediate or demolish an abandoned, deteriorating building and recover the cost, what notice does it owe the mortgagee, can the county refuse to relevy unpaid remediation costs as part of village taxes, and does a tax-foreclosure sale wipe out the mortgage?
Three answers from AG Schneiderman's office: notice to publicly-recorded mortgagees is generally required (always for demolition or significant cost assessments) outside of true emergencies; a county …
When a member of a New York public housing authority's board was elected by tenants (rather than appointed by the mayor), does the Public Housing Law's removal procedure still apply?
Yes. AG Schneiderman's office concluded that Public Housing Law § 34's mayor-led removal-for-cause procedure applies to all board members, appointed or tenant-elected. The mayor cannot fill the result…
When a New York town joins a Community Choice Aggregation (CCA) program to procure electricity for residents, does General Municipal Law § 360 require a town referendum?
No. AG Schneiderman's office concluded that § 360 governs municipalities establishing, owning, or operating their own utility, not towns acting as energy brokers in a CCA program. Because § 360 does n…
Can a New York town pass a local law authorizing its animal shelter to spay or neuter dogs and cats once the redemption period passes, even before a specific adoption is lined up?
Yes. AG Schneiderman's office concluded that the town has home-rule authority to pass such a law for both dogs and cats; for dogs, the area is reachable through the Agriculture & Markets Law's authori…
Can the Permanent Citizens Advisory Committee to the MTA (and its three commuter councils) raise its own funds, get IRS 501(c)(3) status, take public donations, or apply for grants from state agencies?
No to all three. AG Schneiderman concluded that PCAC and the LIRR, Metro-North, and NYCTA councils are statutory creatures with only the powers expressly granted (study, investigate, monitor, recommen…
Can a New York industrial development agency (IDA) create a subsidiary corporation (often a § 1411 local development corporation) or hand out grants or loans from its own revenue to other public or private interests?
No, on both counts. AG Schneiderman concluded that IDAs are creatures of statute with only the powers expressly granted or necessarily implied; the IDA enabling statute (Article 18-A) does not authori…
Does a New York land bank have to give buyers of residential property a Real Property Disclosure Statement, or is it exempt as a 'governmental entity'?
The Greater Syracuse Property Development Corporation (a land bank) was exempt from the disclosure-statement requirement because it qualified as a 'governmental entity' under Real Property Law § 463(1…
Can a person serve as both a battalion chief in a village fire department and as village mayor or village trustee in New York?
No. Village Law § 10-1012 bars one person from holding both an office of mayor or trustee and the office of village fire chief or assistant chief. The AG concluded that a battalion chief is the functi…
If a New York county's legislators serve staggered four-year terms (with elections every two years), how long is the county attorney appointed for?
Two years. AG Schneiderman's office concluded that the county attorney's term runs only as long as the term of the county legislature 'as a board.' After every regularly-scheduled election, the legisl…
Can a New York county pass a local law requiring small residential landlords (fewer than six units) to put tenant security deposits in interest-bearing accounts, even though state law only requires that of larger landlords?
No. AG Schneiderman's office concluded that a county-level rule reaching small landlords would be inconsistent with the state Legislature's deliberate choice (in 1970) to draw the line at six units. S…
Can one person serve as both the village clerk/treasurer and the village court clerk in a New York village?
No. The AG concluded the two positions are incompatible because the village court clerk transmits court fines and fees to the treasurer, who in turn distributes them to the State and county. Having on…
Is a BOCES staff member who investigates state test security breaches on behalf of the State Education Department covered by the state's defense-and-indemnification statute, even though the State doesn't pay them?
Yes. The AG concluded that a BOCES district superintendent's staff investigator, when designated as an integrity officer and conducting test security breach investigations under State Education Depart…
What happens when a town justice's term expires but no candidate was on the ballot to replace them? Can the town board appoint someone, or is a special election required?
The town board cannot appoint. The vacancy must be filled by a special election called by the Governor at his discretion, or by the next general election. The new justice's term begins January 1 follo…
Can a village school crossing guard direct traffic at an intersection that is several blocks from the school, and is the guard's authority limited to intersections that touch school property?
A village school crossing guard can control traffic anywhere within the village if the purpose is to protect children going to and from school. The original 1956 statute had a two-block-or-200-yard li…
Can a town board member also work as a paid employee of the town housing authority that the town board oversees?
No. The AG concluded the two positions are legally incompatible. Because the town board appoints, removes, and approves compensation for the housing authority board, a town board member who is simulta…
Can a New York town council member also serve as the town's financial operations manager when the town is in fiscal crisis and needs experienced help?
No. The town board (which includes council members) supervises the financial operations manager and audits the town's finances. Having a council member also serve as financial operations manager would…
If you serve on a New York state advisory council without pay, does the state still defend and indemnify you if someone sues you over your council work?
Yes. The AG concluded that members of the Security Guard Advisory Council qualify as state 'employees' under Public Officers Law § 17 even though they are unpaid, because they are appointed by the Gov…
If a charter county wants to sell county-owned property by local law instead of using the standard County Law procedure, does the local law need a two-thirds supermajority or just a simple majority?
A simple majority is enough. A charter county can supersede County Law § 215's two-thirds requirement, but it cannot supersede the simple-majority floor that the Municipal Home Rule Law sets for any l…
Can a New York town transfer a town cemetery to a village within its borders without special legislative authorization?
The AG concluded that a town could not transfer a town-owned cemetery to a village under General Municipal Law § 72-h. Town cemeteries are inalienable by state law unless interments are removed, and §…
If a New York village has a police department, must it employ a chief of police, or can the village board eliminate the position when the current chief retires?
The AG concluded that a New York village that has a police department must also have a chief of police under Village Law § 8-800(1), unless the 1985 grandfather clause applied (no chief in place when …
Can village park rangers in Suffolk County issue Vehicle and Traffic Law tickets while traveling on public streets between parks?
The AG concluded that village park rangers in Suffolk County could issue Vehicle and Traffic Law tickets within village parks (state law gave them that authority directly), but not on public streets w…
Can the same person serve as a county legislator and as a town historian in New York?
The 2012 informal opinion concluded that the position of town historian was compatible with serving as a member of the County Legislature. The county historian's role over town historians was guidance…
When does logging on New York municipal parkland count as a non-park use that requires legislative approval?
The AG concluded that logging on municipal parkland required legislative approval when its purpose was commercial (a non-park use), but not when it was part of forest management to enhance the park ex…
If the Port Jervis city council has no minority-party members, can the city appoint additional majority-party members to fill the open seats on the Community Development Agency board?
The AG concluded that General Municipal Law § 584 did not authorize additional majority-party appointees to the Port Jervis CDA board when the city council had no minority-party members. The CDA simpl…
Can a New York city use a charter revision commission to change the budget process for its public library, when the library was created by state legislation?
The AG concluded that Oneonta could not amend its city charter to alter the budget process for its public library. Public libraries are part of the state's educational system, and Municipal Home Rule …
Can the Village of Port Chester cap pawnbroker interest rates and redemption periods more strictly than General Business Law §§ 46 and 48?
The AG concluded that General Business Law §§ 46 and 48, governing pawnbroker interest rates and redemption periods, preempted local regulation. The Village of Port Chester's stricter local code provi…
Do General City Law § 81 or the Peekskill city charter govern terms of office and start dates for zoning board of appeals members?
The AG concluded that the Peekskill city charter governed the terms of office and the dates on which ZBA members' terms began. General City Law § 81 was a special law (excluding NYC), did not relate t…
Can a New York town set up a second, special planning board limited to reviewing site plans within a planned development district, alongside its regular planning board?
The AG concluded that a town board could establish a second, special planning board limited to reviewing site plans within a proposed planned development district. Town Law § 274-a(2) supplied direct …
Are the directors of New York's Independent Livery Driver Benefit Fund entitled to state defense, indemnification, and qualified immunity as public officers?
The AG concluded that the Independent Livery Driver Benefit Fund was not a 'public entity' under Public Officers Law § 18 and not part of state government for purposes of § 17, so its directors were n…
Must a New York town issue a fireworks display permit when an applicant meets the statutory requirements, and can the town tack on extra requirements of its own?
The AG concluded that approval of a fireworks display permit under Penal Law § 405.00 was discretionary, not ministerial; failure to act by the display date functioned as a denial; and a town could no…
Did Ulster County dedicate flood-buyout properties as public parkland just by signing the deed assurances required by the Greater Catskills Flood Remediation Program?
The AG concluded that the deed-assurance language required by the Greater Catskills Flood Remediation Program (use 'compatible with open space, recreation, flood mitigation or wetlands management') di…
Can a New York county assign its General Municipal Law §§ 239-l, 239-m, and 239-n review function to its county planning department instead of its planning board?
The AG concluded that a county could, by local law, assign GML §§ 239-l, 239-m, and 239-n review of referred municipal zoning and planning actions to its planning department instead of its planning bo…
Can a non-charter New York county adopt a local law that lets the county legislature, instead of the community services board, appoint the local director of community services?
The AG concluded that Mental Hygiene Law § 41.09(a) reflected a substantial state concern, so a non-charter county could not enact a local law shifting the appointment of its community services direct…
Does a New York county owe a duty to a neighboring homeowner for trees in the county highway right of way that lean toward and threaten the home?
The AG concluded that a county's duty to neighboring homeowners for trees in a highway right of way turned on title. If the county owned the underlying fee, it had a duty to inspect and protect adjoin…
If a New York village straddles two counties, do its police officers' arrest powers cover both entire counties, or only the village itself?
Only the village. The AG concluded that under Criminal Procedure Law § 1.20(34-a)(b), the geographical area of employment for village police officers is the village. The 'multi-county authority' rule …
How many Nassau Health Care Corporation board members are needed for a quorum and to approve action when there are vacancies on the board?
The AG concluded that Public Authorities Law § 3402(2)(c) controlled, so Nassau Health Care Corporation's quorum was 60% of directors then in office (varying with vacancies), and an action needed a ma…
Can a New York district attorney who is also serving as the county coroner appoint the county's emergency medical services coordinator as deputy coroner, when the EMS coordinator is not a physician?
No, for two reasons. The AG concluded that County Law's coroner framework requires a licensed physician either as coroner or as coroner's physician, so a non-physician cannot serve as deputy coroner w…
If a public housing authority board member moves from the city to a neighboring suburb, can the city pass a local law to keep them on the board, by extending the residency requirement to the whole county?
No. The AG concluded that the Ithaca Housing Authority is a state-created independent public corporation under Public Housing Law § 429, not a city office. Home rule authority under Municipal Home Rul…
Did the federal E-SIGN Act force New York county clerks to accept real estate deeds and other recordable instruments bearing only electronic signatures (and not handwritten ones)?
Probably not. The Attorney General concluded in 2001 that there was a substantial possibility that E-SIGN did not preempt Article 9 of New York's Real Property Law, because real-property recordation i…
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Attorney general opinions in New York are written by the New York Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.