Case law

Opn. No.

New York Attorney General Reports · Jul 11, 1977

v Board of Educ. of the City of N.Y., supra, at p 542). … pedagogic' ( Matter of Hirshfield v Cook, supra, at p 304 ; see, also, Matter of Daniman v Board of Educ. of City of N.Y., supra at p 542).

Opn. No.

New York Attorney General Reports · Oct 20, 1980

§ 296 , it is an unlawful discriminatory practice for a licensing agency to refuse to license an individual because of the individual's age but only if the individual is between the ages of 18 and 65 ( American Airlines v … 1978) app dsmd 46 N.Y.2d 939 (1979), found the decision of the Supreme Court in Massachusetts Bd. of Retirement v Murgia ( 427 U.S. 307 [1976]) to be controlling.

Opn. No.

New York Attorney General Reports · Sep 17, 1990

See generally, Collins v Manhattan Bronx Surface Transit Operating Auth., 62 N.Y.2d 361 (1984) (describing history and functions of public authorities). … We believe that statutorily-authorized disclosure for governmental purposes is not the type of disclosure that gives rise to civil liability (see Scott, Sardano Pomeranz v Records Access Officer of City of Syracuse, 65 N.Y

Opn. No.

New York Attorney General Reports · Feb 17, 1998

See, Matter of Kelley v. McGee, 57 N.Y.2d at 538 . … Board of Education, Huntington v. Teachers, 30 N.Y.2d 122 (1972).

Opn. No.

New York Attorney General Reports · Dec 20, 1979

A public officer has been held to be a person who has been designated to perform some function of government, not for his own benefit, but for the public, and has been clothed with some power of the government ( Rowland v … New York, 83 N.Y. 372 [1880], Dempsey v N.Y.C.

Opn. No.

New York Attorney General Reports · Aug 4, 1999

No such designation is made for the Board. It is our opinion that the Board is not an independent entity separate and apart from the State and that Board members are "in the service of the state." … New York State Chapter, Inc. v. New York State Thruway Authority , 88 N.Y.2d 56 , 74 (1996).

Opn. No.

New York Attorney General Reports · Mar 31, 1976

You inquire whether the town board may grant the assessor a 90 day leave of absence; whether the town board may provide that such leave will be without pay; whether the town board may refuse to grant a leave of absence; whether … Board of Education, 93 N.Y. 1 [1883]; Fitzsimmons v. City of Brooklyn, 102 N.Y. 536 [1886]; Grieb v. City of Syracuse, 94 App. Div. 133 at p. 136 [1904]; Matter of Carroll v.

Informal Opinion No.

New York Attorney General Reports · Nov 2, 1989

Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. … We note that this person will not be eligible for reappointment to the planning board should he remain a member of the town board. The town board appoints planning board members.

Opn. No.

New York Attorney General Reports · Oct 18, 1977

In considering the question of what is a judicial or quasi-judicial proceeding, the Court, in City of Albany v McMorran, 34 Misc.2d 316 , 317-318 (Supreme Court, Albany County, 1962), stated: "It is difficult at times to … The Court, in Riker v Board of Standards and Appeals of the City of New York, 225 App.

Opn. No.

New York Attorney General Reports · Dec 19, 1976

Watts v. Board of Supervisors of Niagara County, 170 App. Div. 334 [4th Dept., 1915]). … Koetteritz v. Board of Supervisors of Herkimer County ( 148 App.

Opn. No.

New York Attorney General Reports · Aug 31, 1976

days after the filing of a decision in the office of the town clerk. * * *" As a general proposition, local governments have no authority to enact local legislation inconsistent with a general state law. ( City of Corning v. … In an analagous case, Friendly Hillside Motel, Inc . v. Town of Brunswick ( 74 Misc.2d 1001 [Renss, Co. Sup.

Opn. No.

New York Attorney General Reports · Feb 5, 1999

The provisions in issue govern the membership of planning boards and zoning boards of appeals. … See , Kelley v. McGee , 57 N.Y.2d 522 (1982). In our view, the 1988 local laws, to the extent they constituted a supersession,1 remain valid.

Opn. No.

New York Attorney General Reports · May 17, 1990

v Hinman, 122 Misc.2d 531 , 534 [Sup Ct, Onondaga Co, 1984]). … The decisions of local boards have been set aside based upon a judicial finding of conflicts of interests of board members participating in the decisions ( ibid.; Taxpayers' Association v Town Board, 69 A.D.2d 32 [2d Dept

Opn. No.

New York Attorney General Reports · Sep 21, 1979

of Managers of that hospital by the Lewis County Board of Legislators. … (See, e.g., Matter of Moritz v Board of Educ. of Gowanda Cent. School Dist., 60 A.D.2d 161 , 169 [4th Dept, 1977]; Matter of Dykeman v Symonds, 54 A.D.2d 159 [4th Dept, 1976]; 1975 Op Atty Gen [Inf] 150.)

Opn. No.

New York Attorney General Reports · Oct 1, 1997

You have informed us that your law firm has been appointed by the town board to provide legal services to the board and to other agencies of the town including the zoning board of appeals. … Cahn v. Town of Huntington , 29 N.Y.2d 451 (1972). Therefore, where your law firm represents the town board, the zoning board of appeals has implied authority to employ legal counsel to represent it in the matter.

Opn. No.

New York Attorney General Reports · Apr 18, 1996

District Regional Off-Track Betting Corporation v New York State Racing and Wagering Board , 54 N.Y.2d 154 (1981) (the Board has broad powers to regulate OTBs including power to issue rules and regulations, and to resolve … ."); see also , People v.

Informal Opinion No.

New York Attorney General Reports · Jul 12, 1989

Town Attorney, Olive You have inquired whether the positions of town planning board member and member of a county planning board are compatible. … Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices.

Opn. No.

New York Attorney General Reports · Jun 6, 1978

Arthur Levitt Chairman Emergency Financial Control Board For the City of Yonkers This is in reply to your request for my opinion as to whether the Control Board may legally approve retroactive salary increases for certain … Beame, 32 N.Y.2d 126 ; American Federation of State, County and Municipal Emp., AFL-CIO, Local 788 v. City of Plattsburgh, 272 Misc.2d 744 ; Timmerman v. City of New York, 69 N.Y.2d 102 , affd. 272 App. Div. 158 ).

Opn. No.

New York Attorney General Reports · Jul 5, 1994

Matter of Smithtown v Howell, 31 N.Y.2d 365 (1972); Matter of Heimbach v Mills, 67 A.D.2d 731 (2d Dept 1979). There are specific limitations and restrictions on the enactment and amendment of county charters. … Kelley v McGee, 57 N.Y.2d 522 (1982). These provisions of the Public Health Law, dealing with administration and procedure, do not fall within the above category. Village of Tully v Harris, 119 A.D.2d 7 (4th Dept 1986).

Opn. No.

New York Attorney General Reports · Jun 10, 1996

In Matter of Schulz v. … In Citizens to Protect Public Funds v. Board of Education , 13 N.J. 172 , 98 A.2d 673 (1953), New Jersey's highest court reviewed materials distributed by a school board prior to a referendum on a proposed bond issue.