Legal Opinion
Opn. No.
New York Attorney General Reports
Decided June 3, 1980Published
1Opinion of the Court
Hon. Charles P. Ayers, Jr. Town Attorney Town of Tioga
This is in response to your letter requesting an opinion whether the Town of Tioga has authority, under section 1660 of the Vehicle and Traffic Law or otherwise, "to regulate transportation of nuclear materials on State highways situate in the Town".
The Court of Appeals has held that the Legislature intended that the regulation of traffic on all public highways be a matter of State concern, and that local authorities have only such powers in that area as are given to them by the State (People v Grant, 306 N.Y. 288 [1954]). Thus, any power…
2Cases cited4 opinions
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
- City of Rochester v. Town of RushNew York Supreme Court · 1971
- City of Rochester v. Town of RushAppellate Division of the Supreme Court of the State of New York · 1971