Case law

Informal Opinion No.

New York Attorney General Reports · Sep 28, 1987

It is contrary to public policy for an appointing board to appoint one of its members to a position ( Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington Co, 1923], affd 206 App. Div. 786 [3d Dept, 1923]). … the appointment of a former board member to a position ( ibid .).

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 · 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.

Informal Opinion No.

New York Attorney General Reports · Aug 13, 1987

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. … board member from serving as attorney to the fire district.

Informal Opinion No.

New York Attorney General Reports · Sep 26, 1989

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 320 [2d Dept

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 · 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

Opn. No.

New York Attorney General Reports · Feb 17, 1999

The chairpersons of the participating counties' governing boards appoint members to the MOSA board. … 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 · 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 · Oct 9, 1984

Thomas V. Dadey, Esq. Town Attorney, Tully The purchase of land for the establishment of public parks or playgrounds is required to be approved by the electors of a town (Town Law, § 81 [1][d]). … The absence of such restrictions with respect to action by the board indicates that the decision to submit the proposition at a special or biennial election has been left to the town board.

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 · Jan 7, 1977

as a member of the Board of Managers results in a conflict of interest. … Ryan v. Green, 58 N.Y. 295 .

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 · 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 · Mar 10, 1992

Second, you ask whether the board of trustees of a village may create the position of alternate member of a zoning board of appeals and planning board. … Turnpike Woods, Inc. v Town of Stony Point, 70 N.Y.2d 735 (1987).

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 · May 15, 1979

Section 271 authorizes town boards to create and abolish town planning boards ( Conklin v Town Board of Town of Warwick, 59 A.D.2d 532 [2d Dept, 1977]; 1971 Atty Gen [Inf Opns] 151). … the planning board and subject to approval of the town board."

Informal Opinion No.

New York Attorney General Reports · Mar 9, 1983

This distinction between chairmanship of the board and membership on the board has been noted in case law. (See, Matter of Olesen v Dorner, 8 Misc.2d 656 [Sup Ct Westchester Co, 1957].) … of the board at five years.

Informal Opinion No.

New York Attorney General Reports · Oct 23, 1989

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 320 [2d Dept

Opn. No.

New York Attorney General Reports · Nov 22, 1982

In Ainslie v Lounsbery, 275 App. … Van Deren v Moore, 78 App. Div. 28 [4th Dept, 1902]; 1976 Op Atty Gen [Inf] 210).