EX-99.B(9) 2 a2210816zex-99_b9.txt EX-99.B(9) [LINCOLN FINANCIAL GROUP(R) LOGO] LAW DEPARTMENT THE LINCOLN NATIONAL LIFE INSURANCE COMPANY 350 CHURCH STREET HARTFORD, CT 06301 SCOTT C. DUROCHER COUNSEL Phone: 860-466-1222 Scott.Durocher@LFG.com August 28, 2012 VIA EDGAR Lincoln Life & Annuity Company of New York 200 Madison Street, 18th Floor Syracuse, NY 13202 Re: Lincoln Life & Annuity Variable Annuity Account H American Legacy(R) Series (File Nos. 811-08441; 333-181617) Ladies and Gentlemen: I have made such examination of law and have examined such records and documents as I have deemed necessary to render the opinion expressed below. I am of the opinion that upon acceptance by Lincoln Life & Annuity Variable Annuity Account H (the "Account"), a segregated account of Lincoln Life & Annuity Company of New York ("Lincoln New York"), of contributions from a person pursuant to an annuity contract issued in accordance with the prospectus contained in the registration statement on Form N-4, and upon compliance with applicable law, such person will have a legally issued interest in his or her individual account with the Account, and the securities issued will represent binding obligations of Lincoln New York. I consent to the filing of this Opinion as an exhibit to the Account's Pre-Effective Amendment to the Registration Statement on Form N-4. Sincerely, /s/ Scott C. Durocher Scott C. Durocher Counsel The Lincoln National Life Insurance Company