NYCL AGO 96-8.

• Case Date: March 04, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-8. March 4, 1996Informal Opinion No. 96-8Steven J. Getman, Esq. Seneca County No. 96-8 Department of Social Services P.O. Box 690 Waterloo, New York 13165-0690COUNTY LAW §§ 501(1), 502; FAMILY COURT ACT ART 2, 3, and 7, §§ 245(a), 254, 756-a; SOCIAL SERVICES LAW § 66(1).Social Services Law § 66 gives the county legislature the authority to appoint department of social services attorneys who will assist the county attorney in undertaking certain social service responsibilities under the Family Court Act. These attorneys are not separately appointed by the county attorney and need not take an oath of office.Dear Mr. Getman: You ask whether a county attorney may deputize attorneys under Social Services Law § 66(1) to help perform his or her duties related to Family Court Act § 254. You also ask whether the process of "deputization" under section 66(1) requires a separate appointment by the county attorney and an administration of the oath of office. Family Court Act Article 2 establishes the statutory framework for providing legal assistance to family court petitioners. Section 254 of the Family Court Act requires the appropriate county attorney or corporation counsel to appear in support of any petition brought under the Family Court Act when "requested" to do so by a Family Court judge or the appropriate Appellate Division. Family Court Act § 245(a); 1975 Op Atty Gen (Inf) 92. Section 66 of the Social Services Law deals with the appointment of attorneys to perform duties associated with social services matters and states in relevant part:

The legislative body of the county may authorize the appointment of any number of . . . attorneys to perform duties it considers necessary to carry out the provisions of this chapter. However, such legislative body may also authorize that such attorneys, in addition to performing the duties assigned to them by the county commissioner, may be deputized by the county attorney to perform duties on his behalf in connection with the work of the social services department.

Social Services Law § 66(1). This section empowers a county legislature to authorize appointment of attorneys in the county's department of social services and vest them with certain Family Court Act responsibilities. See, 1987 Op Atty Gen (Inf) 89 concluding that a...