Case law

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 7, 1982

Article V , section 6 of the New York Constitution requires that, where practicable, all appointments and promotions in the civil service of the State and its civil subdivisions be made on the basis of merit as ascertained … competitive class of the civil service includes those positions for which it is practicable to measure the merit of the applicant by competitive examination (Civil Service Law, § 44 ; see, also, In the Matter of Broome County v

Opn. No.

New York Attorney General Reports · Mar 31, 1976

county board ." … Laws of N.Y., Book 1, Statutes, § 396; also, Village of Deposit v. Vail, 5 Hun 310 ; Village of Deposit v. Devereux, 8 Hun 317 ; Greene v. Dunscomb, 281 N.Y. 261 , 22 N.E.2d 365 [1939]; Rogers v.

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 · Dec 21, 1981

(See, e.g., Matter of Becker v Levitt, 65 A.D.2d 865 , 866 [3d Dept, 1978].) If the subpoena lacks this information, the Board may request the agency to indicate the source of its independent subpoena power. … (See, generally, Jones v State of New York, 62 A.D.2d 44 [4th Dept, 1978]; Matter of North End Democratic Club v Lefkowitz, 31 Misc.2d 1000 [Sup Ct, New York Co, 1961].)

Opn. No.

New York Attorney General Reports · Jul 23, 1982

to allow the board to assess the abilities and performance of the appointee. … See, also, Boisvert v County of Ontario, 89 Misc.2d 183 (Sup Ct, Ontario Co, 1977), affd 57 A.D.2d 1051 (4th Dept, 1977), in which a county board of supervisors was permitted to reconsider and rescind its appointment of a

Informal Opinion No.

New York Attorney General Reports · Mar 7, 1986

It appears that the reason for this prohibition is the long standing common law prohibition against a board appointing one of its own members to a public office ( Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington … 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.

Informal Opinion No.

New York Attorney General Reports · May 1, 1985

An active teacher may not serve as a member of a board of education ( Matter of Moritz v Bd. of Education, 60 A.D.2d 161 , 169 [4th Dept, 1977]). … Although retirement benefits may have been negotiated and approved by an earlier school board, certain adjustments to the benefits may be made by the current board ( Mater of Lippman v Board of Education of Sewanhaka, 104

Opn. No.

New York Attorney General Reports · Dec 3, 1984

Gould has been recommended by the Westchester County Board of Legislators as an owner member of the Rent Guidelines Board. Mr. … Village of Great Neck Plaza v Nassau County Rent Guildelines Board, 69 A.D.2d 528 [2d Dept, 1979]). Accordingly, as a municipal official, Mr. Gould is subject to the ethics provisions of General Municipal Law, § 805-a .

Informal Opinion No.

New York Attorney General Reports · Oct 9, 1984

a quorum on the board of zoning appeals. … Appellate Division decided that towns are authorized to adopt zoning regulations by local law under the Municipal Home Rule Law and therefore may amend or supersede zoning provisions in the Town Law ( Matter of Sherman v

Opn. No.

New York Attorney General Reports · Jun 22, 1978

board could represent the town board in the application for removal of the officer. … General reported in 1970 Opns Atty Gen 65 and 1973 Opns Atty Gen 145, copies enclosed), and Roher v.

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 9, 1996

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. … town board.

Informal Opinion No.

New York Attorney General Reports · Jan 4, 1988

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. … While the planning board may have day-to-day supervision of the administrative assistant, the town board appoints planning board members (Town Law, § 271 ).

Opn. No.

New York Attorney General Reports · Oct 25, 1991

Such a local law would be entirely consistent with the legislative purpose underlying the establishment of codes of ethics and ethics boards. Jancyn Mfg. v County of Suffolk, 71 N.Y.2d 91 (1987). See, Mtr. … In a prior opinion of this office, we found that section 808 is not a general law within the home rule definition. 1986 Op Atty Gen (Inf) 100, citing Johnson v Etkin, 279 N.Y. 1 (1938).

Opn. No.

New York Attorney General Reports · Mar 25, 1983

However, to support the granting of an award, the Board must make a determination that the claimant would suffer "serious financial hardship" if denied an award ( id., § 631[6]; Matter of Regan v Crime Victims Compensation … The statute directs the Board to "consider all of the financial resources of the claimant" in making this determination (§ 631[6]; Matter of Regan v Crime Victims Compensation Board, supra ).

Informal Opinion No.

New York Attorney General Reports · Feb 6, 1989

Village Attorney, New Hempstead You have asked whether employees of the planning board are appointed by the mayor or by the planning board. … police ( George Milhim, as Mayor v Lance Clarke, et al., [Sup Ct, Nassau Co, 8/23/88]).

Opn. No.

New York Attorney General Reports · Jun 15, 1990

It is not necessary that a specific provision of the General Municipal Law be violated to find an improper conflict of interest ( Mtr. of Zagoreos v Conklin, 109 A.D.2d 281 , 287 [2d Dept, 1985]; Mtr. of Conrad v Hinman, … 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 320 [2d Dept

Opn. No.

New York Attorney General Reports · Apr 29, 1997

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. … a member of that board if the subject of the vote is a proposal, application or vote of the municipal board of which he or she is also a member.

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).