1982-02-03
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CORBALLY, GARTLAND AND RAPPLEYEA
~thmt.tt!1l aub ~!lbnlltlorll at ~a\u
CHARLES .J. CORBAllY (1966)
.JOHN .J. GARTLAND, .JR.
ALLAN E.RAPPLEYEA
OANIEl F. CURTIN'
FREO W.SCHAEFFER
.JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. D~BIASE
PAUL O. SULLIVAN'
BARDAVON BUilDING
35 MARKET STREf:T
FLORIDA OFFICE:
1499 GULF-TO-BAY BOULEVARD
CLEARWATER, FLORIDA 33516
BI3-461-3'44
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
STEPHEN G. WATTS, OF COUNSEL"
......E....SER Of" FLORIDA BAR ONLY
MILTON M. HAVEN
.JOSEPH F. HAWKINS'
COUNSEL
BRANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRANKLIN AVENUE
MILLBROOK, NEW YORK 12545
914-677-5539
. MEMBER N. Y. AND HORIDA BAR Fe bruary 3, 1982
Town Board
Town of Wappinger
Wappinger Falls, NY 12590
Re: Recreation Funds
Dear Members of the Board:
A question has arisen as to whether or not the town may
supply equipment through its recreation program to leagues,
including the Pop Warner football program, the Little League
baseball program, and a hockey program. It is my understanding
that these programs are not operated by the town although par-
ticipants in those programs include town residents.
If the program is not administered by the town recreation
commission but is administered by a separate league such as
a Little League or a Pop Warner football league, it is our
opinion that it is impermissible for the town either directly
or indirectly to provide assistance to those programs. This
will prohibit the provision of funds or the provision of
equipment which is given to those programs. Moreover, any form
of assistance to those programs including the lending of equip-
ment to them would probably be deemed impermissible as even a
loan of equipment involves in part the consumption of it in that
when it is returned, it does not have the same value as it
originally had. Said prohibition would exist as equipment under
such circumstances would be made available only to a ximited
group rather than to the general public.
,
If the town were to sponsor its own baseball program and
make the same to all residents who wish to partic~pate ~n the
same, it would then be permissible for the town to purchase
equ~pment or to expend funds for the conducting of such program.
,
,Jr.
CORBALLY. GARTLAND AND RAPPLEYEA
Town Board
Page - 2 -
February 3, 1982
However, in such instance, the town must administer the program
rather than have another entity administer it.
If you wish further clarification, we will be happy to
provide the same.
Very truly yours,
CORBALLY, GARTLAND & RAPPLEYEA
Jon Holden Adams
JHA/lh