Case law

Informal Opinion No.

New York Attorney General Reports · Dec 29, 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. … While in most cases, the town board is responsible for governing improvement districts, some towns have a separately elected board of commissioners for an improvement district.

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 · 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).

Opn. No.

New York Attorney General Reports · Aug 31, 1981

Ryan v Green, 58 N.Y. 295 (1874). Under that rule, incompatibility exists if the two offices have inconsistent functions or if one is subordinate to the other. … This is the only situation where the two boards' paths legally cross.

Opn. No.

New York Attorney General Reports · Nov 2, 1978

The Board of Parole is a public body. Matter of Cummings v. Regan, 76 Misc.2d 137 , 143 , affd. 45 A.D.2d 222 . … The applicability of these provisions was analyzed in Matter of Orange County Publication v. Counsel of the City of Newburg, et al, 60 A.D.2d 409 .

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 ).

Informal Opinion No.

New York Attorney General Reports · Dec 4, 1989

by the board of trustees (Village Law, § 7-720). … We conclude that a village board of trustees may enact a local law providing for fees to be charged applicants to the planning board.

Opn. No.

New York Attorney General Reports · Aug 28, 2007

See Morris v. … See Reese v.

Opn. No.

New York Attorney General Reports · Oct 14, 1976

of managers, or of the county board of health, whichever is the governing authority;" In Seaman v. … City of Newton ( 134 Mass. 476 ); Cornell v. Town of Guilford ( 1 Denio, 510 ); Board of Supervisors v. Ellis, ( 59 N Y 620 )."

Opn. No.

New York Attorney General Reports · Jun 17, 1982

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. … See, Matter of Smith v Dillon, 267 App. Div. 39 , 43 [3d Dept, 1943].) That the deputy superintendent would not be compensated for his services does not affect the compatibility question.

Opn. No.

New York Attorney General Reports · Apr 3, 1991

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. … See, Mtr. of Zagoreos v Conklin, 109 A.D.2d 281 , 287-288 (2d Dept 1985).

Opn. No.

New York Attorney General Reports · Mar 30, 1995

Dormitory Authority v Smith , 81 A.D.2d 1006 (4th Dept 1981). … See , Hilton v Truss Systems, Inc., et al ., 82 A.D.2d 711 (3d Dept 1981), affd , 56 N.Y.2d 877 , rearg denied , 57 N.Y.2d 775 (1982); Wasserman v Charcoal Chief, et al ., 66 A.D.2d 981 (3d Dept 1978); Robinette v Arnold

Opn. No.

New York Attorney General Reports · Feb 18, 1994

Your concern is that these provisions constitute an unconstitutional delegation of the taxing power under the Court of Appeals decision in Greater Poughkeepsie Library District, et al. v Town of Poughkeepsie, 81 N.Y.2d 574 … You have informed us that under the agreement between the Town and City of Poughkeepsie the joint project is administered by a joint board known as the Poughkeepsies Joint Water Project Board.

Informal Opinion No.

New York Attorney General Reports · Mar 3, 1987

Village Law, § 7-712 mandates that the village board of trustees establish a board of zoning appeals. It provides, in part: "2. (c) . . . … Corp. v Dassler, 143 N.Y.S.2d 240 [1955]). In Oakwood Is.

Informal Opinion No.

New York Attorney General Reports · Dec 16, 1986

Each year the library would submit a proposed budget and request for funds to the town board of the Town of Clifton Park and the town board of the Town of Halfmoon. … Indeed, the status of libraries as "public" entities has been long recognized in other contexts ( Kerr v Enoch Pratt Free Library of Baltimore City, 149 F.2d 212 [4th Cir, 1945]; Lambert v Board of Trustees of Public Library

Opn. No.

New York Attorney General Reports · Dec 28, 1982

We note that it has been held that town boards, acting under a parallel provision of the Town Law (§ 274-a), may not review planning board decisions on site plan applications ( Matter of Boxer v Town of Cortlandt, 60 A.D.2d … We note that in Riegert Apts v Planning Board, 57 N.Y.2d 206 (1982) the Court of Appeals decided that under section 274-a of the Town Law (substantially the same as section 7-725 of the Village Law), a town may not require

Informal Opinion No.

New York Attorney General Reports · Jul 12, 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. … A village is not required to have a planning board. The village board of trustees may perform the functions that otherwise would be performed by the planning board (see 1979 Op Atty Gen [Inf] 147, 148).

Opn. No.

New York Attorney General Reports · Jun 10, 1991

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. … The representative of the department of planning at zoning board of appeals meetings provides the board with relevant factual information and: "In addition, if requested, the representative will state for the board the official

Formal Opinion No.

New York Attorney General Reports · Apr 24, 1985

As a subsidiary of the Commission, the extent of the Board's jurisdiction can be no greater than that of the Commission itself ( Lombard v Wasser, 104 Misc.2d 883 [Sup Ct, Monroe Co, 1980]). … The Board's duties are set forth in section 47 of the Correction Law: "1.