Case law

Opn. No.

New York Attorney General Reports · Feb 3, 2005

See, e.g., In re Martin v. Hennessy , 147 A.D.2d 800 (3d Dep't 1989) (board of Thruway Authority could not bind future board to appointment of executive director); In re Harrison Cent. School Dist. v. … Corp. v.

Opn. No.

New York Attorney General Reports · Feb 7, 2011

Wambat Realty Corp. v. State , 41 N.Y.2d 490 , 494-95 (1977). … Matter of Kelley v. McGee , 57 N.Y.2d at 540 (citations omitted).

Opn. No.

New York Attorney General Reports · Nov 5, 2002

See O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green , 58 N.Y. 295 , 304-05 (1874); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995). … No. 86-3 (construing similar provision in Town Law § 267 (1), which prohibits town board members from serving on zoning board of appeals) (citing Wood v.

Opn. No.

New York Attorney General Reports · Mar 4, 2002

No. 99-21; see also , Matter of Tuxedo Conservation Taxpayers Assoc. v. … In Matter of Tuxedo Conservation Taxpayers Assoc. v.

Opn. No.

New York Attorney General Reports · Jul 1, 2004

See , e.g. , Matter of Karedes v. Colella , 100 N.Y.2d 45 (2003); Morin v. Foster , 45 N.Y.2d 287 (1978); Matter of Harrison Cent. Sch. Dist. v. … Highlands v.

Opn. No.

New York Attorney General Reports · Feb 4, 2011

You have explained that the board currently has some vacancies and you anticipate more in the near future, and thus you ask how many board members are necessary to approve matters that are voted on. … See Roosevelt Islanders for Responsible Southtown Dev. v. Roosevelt Island Oper. Corp. , 291 A.D.2d 40 , 49-50 (1 st Dep't 2001); New York State Urban Devel. Corp. v.

Opn. No.

New York Attorney General Reports · Mar 12, 2003

See O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green , 58 N.Y. 295 , 304-05 (1874); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995). … Hereinafter, we will refer to both positions as "building inspector\zoning code enforcement officer." 2 See, e.g. , Haller v.

Opn. No.

New York Attorney General Reports · May 19, 1998

The number of members of a community services board is not a matter of State concern. Cf. Matter of Perales v. Heimbach , 166A.D.2d 707 (2d Dept 1990), app denied, 77 N.Y.2d 806 (1991). … See, Resnick v. County of Ulster , 44 N.Y.2d 279 (1978). The Attorney General renders formal opinions only to officers and departments of State government.

Informal Opinion No.

New York Attorney General Reports · Jul 11, 1983

Article V, § 2 of the State Constitution provides that "[t]here shall be not more than twenty civil departments in the state government, including those referred to in this Constitution" (emphasis provided). … (see Historical Note to N Y Const, Art V , § 2 [McKinney's, 1969]). Article V, § 4 of the Constitution designates the heads of certain of these departments.

Informal Opinion No.

New York Attorney General Reports · Mar 16, 1984

seek outside counsel ( ibid.; Matter of Fleishman v Graves, 235 N.Y. 84 [1923]). … We believe that a town has a responsibility to defend a decision on an application for a variance made in good faith (compare Rockefeller v Taylor, 69 App. Div. 176 [1st Dept, 1902]) by the zoning board of appeals.

Opn. No.

New York Attorney General Reports · Mar 4, 2002

Ryan v. Green , 58 N.Y. 295 , 304-05 (1874); O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995). … Ryan v.

Opn. No.

New York Attorney General Reports · Apr 13, 1976

And to the same effect are the following authorities: Minot v. Inhabitants of West Roxbury (supra); Anthony v. Adams ( 1 Met. 284 ); Parsons v. Inhabitants of Goshen ( 11 Pick. 396 ); Lemnon 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 · Feb 28, 2006

See O'Malley v. Macejka, 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green, 58 N.Y. 295 , 304-305 (1874); Matter of Dupras v. County of Clinton, 213 A.D.2d 952 , 953 (3d Dep't 1995). … by the board.

Opn. No.

New York Attorney General Reports · Dec 31, 1999

In Tuxedo Conservation Taxpayers Ass'n v. … We direct his attention to the soaring rhetoric of Chief Judge CARDOZO in his opinion in Meinhard v.

Opn. No.

New York Attorney General Reports · Apr 30, 2003

Coconato v. … See also Long Island Liquid Waste Ass'n v.

Opn. No.

New York Attorney General Reports · Apr 16, 2008

Lyon v. Bd. of Supervisors of the County of Steuben , 115 A.D. 193 (4 th Dep't 1906). The Board of Elections is authorized to establish as many fixed branch offices as it deems necessary. Election Law § 3-214 (2). … *Page 3 Stanton v. Bd. of Supervisors of the County of Essex , 191 N.Y. 428 (1908).

Opn. No.

New York Attorney General Reports · Feb 21, 2007

Golden v. Clark , 76 N.Y.2d 618 , 626-27 (1990). … Roth v. Cuevas , 158 Misc. 2d at 250 .

Opn. No.

New York Attorney General Reports · May 13, 1980

These opinions relied on the decision in Matter of Leon Davidson v Common Council of the City of White Plains, New York, 40 Misc.2d 1053 (Sup Ct, Westchester Co [1963]), which held that a provision of the White Plains City … However, since Matter of Davidson was decided, another Court in People v Ystueta, 99 Misc.2d 1105 (Dist Ct, Suffolk Co, 1st Dist [1979]) has reached the opposite conclusion, holding that a board of education by-law, which

Opn. No.

New York Attorney General Reports · Nov 22, 2002

Matter of Queensbury Ass'n v. Town Board of Town of Queensbury , 141 A.D.2d 997 , 998 (3d Dep't 1988). … See Olin v.

Opn. No.

New York Attorney General Reports · Jul 7, 2005

See Twin City Service Station, Inc. v. … See Baldwin v. City of Buffalo , 6 N.Y.2d 168 (1959) (concluding that alteration of ward boundaries is a matter within the affairs of the city); Lane v.