EX-99.B(9) 2 a2176557zex-99_b9.txt EX-99.B(9) Exhibit 9 [LNL Letterhead] Writer's Direct Dial: 260/455-3917 Telefax Number: 260/455-5135 April 2, 2007 VIA EDGAR Lincoln Life & Annuity Company of New York 100 Madison Street Suite 1860 Syracuse, NY 13202 Re: Lincoln Life & Annuity Variable Annuity Account H American Legacy III View (File Nos. 811-08441) 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 initial Registration Statement on Form N-4. Sincerely, /s/ Mary Jo Ardington Mary Jo Ardington Senior Counsel The Lincoln National Life Insurance Company