Case law

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.

Opn. No.

New York Attorney General Reports · May 6, 1977

either the Town Board or the Supervisor. … The superintendent is an independent town officer with power independent of the town board to employ and direct such persons as may be necessary to carry out his statutory responsibilities (Myruski v.

Opn. No.

New York Attorney General Reports · Aug 15, 1979

town board approval. … In support of our conclusion we relied upon Walton v Town of Brookhaven, 41 Misc.2d 798 (1964); see also, Matter of Boxer v Town of Cortlandt, 60 A.D.2d 913 (1978).

Informal Opinion No.

New York Attorney General Reports · Apr 14, 1983

It is established that school districts possess only those powers expressly delegated by statute or necessarily and reasonably implied therefrom ( Flaminio v Board of Education of Cleveland Hill Union Free School District … Case law has imposed a fiduciary duty upon a board of education to receive the highest possible consideration in disposing of personal property of a school district ( Matter of Ross, et al. v Wilson, et al., 205 Misc. 295

Opn. No.

New York Attorney General Reports · Jun 16, 1992

Stepski v Harford, 286 N.Y. 477 (1941). … Ibid.; City of Glens Falls v Chapin, 208 A.D. 238 , 239 (3d Dept 1924).

Opn. No.

New York Attorney General Reports · Sep 1, 1977

In Gertum v Board of Supervisor, 109 N.Y. 170 (1888) it was held that the office of justice of the peace (now termed town justice) may be abolished after election but prior to the commencement of the term of the justice-elect … O'Connor v Greene, 174 Misc. 597 (1940), held that after the election of a village police justice who then took the oath of office for a term to commence on January 1, 1940, where the village board of trustees passed a resolution

Opn. No.

New York Attorney General Reports · May 17, 1990

approved plat may be submitted for signature by the duly authorized officer of the planning board. … The Court of Appeals has decided that failure to follow the provisions of that section invalidates the local law ( Turnpike Woods, Inc. v Town of Stony Point, 70 N.Y.2d 735 [1987]).

Opn. No.

New York Attorney General Reports · Jun 4, 1990

the town board would have authority to make appointments to the committees. … This perforce is an informal and unofficial expression of views of this office. * See Turnpike Woods v Town of Stony Point, 70 N.Y.2d 735 (1987).

Opn. No.

New York Attorney General Reports · Nov 7, 1990

upon the provision of parkland or its money equivalent ( Riegert Apartments Corp. v Planning Bd. of Town of Clarkstown, 57 N.Y.2d 206 [1982]). … In your letter, you have referred to Valeria Associates, L.P. v Planning Board of the Town of Cortlandt (Sup Ct, Westchester Co, 1990).

Informal Opinion No.

New York Attorney General Reports · Mar 25, 1988

Town Attorney, Southold You have asked whether one person may serve simultaneously as a member of the town board and as a member of the board of trustees of the town. … 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 · Nov 2, 1989

.; Matter of Haller v Carlson, 42 A.D.2d 829 [4th Dept, 1973]). … Haller v Carlson, supra, p 830 ).

Informal Opinion No.

New York Attorney General Reports · Apr 23, 1985

board (1982 Op Atty Gen [Inf] 159). … The exception we noted for members of the town board is based on the common law rule that an appointing body may not appoint one of its members to a public office ( Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington

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 .

Informal Opinion No.

New York Attorney General Reports · Jun 17, 1985

A town board may establish a board of police commissioners or a police commissioner to exercise, in place of the town board, all powers with respect to police matters ( id., § 150[2]). … The abolition, transfer or curtailment of the power of an elective board is subject to this referendum requirement ( McCabe v Voorhis, 243 N.Y. 401 [1926]).

Opn. No.

New York Attorney General Reports · Aug 24, 1977

Board of Social Welfare (hereinafter "the Board") and regulations of the Division. … Commissioner, 297 U.S. 129 ; Miller v. United States, 294 U.S. 435 ; Matter of Gold v. Corsi, 307 N.Y. 224 ).

Opn. No.

New York Attorney General Reports · Jan 3, 1979

The Board has no authority to remove County Attorney, absent a hearing on charges, notwithstanding a change in the political composition of the Board due to filling of vacancies. Hon. James C. … When accepted by the County Attorney, it constituted a contract between him and the County (see Matter of Dunkel v Rogers, 279 App. Div. 44 [3d Dept, 1951]).

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 · May 22, 1984

First, you ask whether a simple majority vote or some greater vote is necessary for a zoning board of appeals to reopen a public hearing on a matter before the board. … Reizel, Inc. v Exxon Corp., 42 A.D.2d 500 , 504 (2d Dept, 1973); Matter of Gerling v Bd. of Zoning Appeals, 11 Misc.2d 84 (S Ct, Special Term, Onondaga Co, 1957), reversed on other grounds 6 A.D.2d 247 (4th Dept, 1958).

Informal Opinion No.

New York Attorney General Reports · Sep 26, 1988

In Stettine v County of Suffolk ( 66 N.Y.2d 354 [1985]), the Court of Appeals found that a collective bargaining agreement between the County of Suffolk and the Civil Service Employees Association was within the exception … of the board" (Education Law, § 3016 ).

Opn. No.

New York Attorney General Reports · Aug 31, 1976

The Allegany County Industrial Development Agency is a public corporation being distinct and apart from the municipal corporation of the County of Allegany. ( Cuilla v. … State, 191 Misc. 528 [Court of Claims, 1948]; Driscoll v. Troy Housing Authority, 6 A.D.2d 981 [3d Dept., 1958], revd. on other grounds 6 N.Y.2d 513 .)