Case law

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.

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 · 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.

Opn. No.

New York Attorney General Reports · Aug 13, 1979

In any event, the acts of the village board of trustees since April 2, 1979, were the acts of a de facto board and as such are valid ( Matter of Schick v. Impelliteri, 122 N.Y.2d 729 , affd 282 App. … Div. 663 [1953]; Sylvia Lake Co . v Northern Ore Co., 242 N.Y. 144 , certiorari denied 273 U.S. 695 [1926]).

Opn. No.

New York Attorney General Reports · Feb 2, 1995

Polak v Schenectady , 181 A.D.2d 233 , 236 (3d Dept 1992). This determination is made regardless of the allegations made in the complaint. Ibid . … Informal Opinion No. 92-12; Giordano v O'Neill , 131 A.D.2d 722 , 723 (2d Dept 1987).

Opn. No.

New York Attorney General Reports · Apr 4, 1991

Franklin v Krause, 32 N.Y.2d 234 (1973), app dismissed, 415 U.S. 904 (1974); Iannucci v Board of Supervisors, 20 N.Y.2d 244 (1967); Morris v Board of Estimate, 707 F.2d 686 (2d Cir 1983); Greenwald v Board of Supervisors, … Morris v Board of Estimate, 707 F.2d 686 , 690 .

Opn. No.

New York Attorney General Reports · Jun 2, 1981

Here, the town board did not pass a resolution to submit the change to the electors under Town Law § 94 (see Matter of Ecker v Town of West Seneca, 87 Misc.2d 322 , at p 324 [Sup Ct, Erie Co, 1976]). … In our opinion, the steps taken to decrease the number of members of the town board were proper and complete. The procedure to reduce the number of councilmen on the town board was proper.

Formal Opinion No.

New York Attorney General Reports · Feb 9, 1988

Any change in the membership of either the board of directors or the officers of an off-track betting corporation must be submitted to the board for review. … 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 · Sep 1, 1978

a conflict of interest, the town attorney refuses to act, or is incapable of, or is disqualified from, acting ( Cahn v. … at a town board meeting.

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).

Opn. No.

New York Attorney General Reports · Jul 6, 1977

Planning board approval of site plans. … Furthermore, the Court in Cedar Lane Heights Co . v Marotta, 17 A.D.2d 651 (2d Dept., 1962), stated that a site plan was not a subdivision plat as described under Town Law, § 276 .

Informal Opinion No.

New York Attorney General Reports · Jul 12, 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

Informal Opinion No.

New York Attorney General Reports · Feb 10, 1988

This language does not preclude a town board from appointing a town officer or employee as a minority member of the assessment review board (1982 Op Atty Gen [Inf] 159). … Excepted, however, are members of the town board by reason of the common law rule that an appointing body may not appoint one of its members to a public office ( ibid .; Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington

Opn. No.

New York Attorney General Reports · Jun 11, 1990

.; Matter of Haller v Carlson, 42 A.D.2d 829 [4th Dept, 1973]). … , zoning board, planning board, board of appeals or other administrative body ( id., § 239-y[3][a]).

Opn. No.

New York Attorney General Reports · Apr 9, 1998

Rice, Practice Commentaries, Town Law § 274-a (quoting, Hill v. Planning Board of the Town of Amherst , 140 A.D.2d 967 , 968 [4th Dept 1988]). … Holmes v. Planning Board of the Town of New Castle , 78 A.D.2d 1 , 14 (2d Dept 1980). However, although a town planning board may attach conditions to its approval of a site plan, its power to do so is limited.

Opn. No.

New York Attorney General Reports · Mar 2, 2005

See National Westminster Bank v. New York , 76 N.Y.2d 507 , 509 (1990); Olmsted v. Meahl , 219 N.Y. 270 , 275 , 277 (1916). … See Durante v. Evans , 94 A.D.2d at 146 .