Legal Opinion

Opn. No.

New York Attorney General Reports

Decided January 17, 1977Published

1Opinion of the Court

HON. PHILIP L. TOIA Commissioner, Department of Social Services

This is in response to a request by Carmen Shang, General Counsel to the Department of Social Services, as to whether local commissioners of social services are compelled to follow State Laws and rules when the Boards of Supervisors, County legislatures or County Executives direct them to take a course of action which is inconsistent with or contrary to State mandates.

The request points out that a County Social Services Commissioner is appointed by either the County Board of Supervisors or the County Executive. However, the…

2Cases cited2 opinions

  1. Toia v. ReganNew York Court of Appeals · 1976
  2. State Board of Social Welfare v. City of NewburghNew York Supreme Court · 1961

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