Case law

Opn. No.

New York Attorney General Reports · Feb 6, 1995

Smithtown v Howell , 31 N.Y.2d 365 (1972); Heimbach v Mills , 67 A.D.2d 731 (2d Dept 1979). … periodic reports to the board.

Opn. No.

New York Attorney General Reports · Jul 16, 2009

Matter of Gigliotti v. Berg , 40 A.D.2d 182 (4th Dep't 1972), concerned appointments made by the county executive subject to approval by the county board of legislators. … Lathers v. Raymond , 129 A.D. 477 (2d Dep't 1908), similarly so concluded in a different context.

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. … Such a proposed change must, however, be approved by the town board or boards of the town or towns in which the districts are located ( ibid .).

Opn. No.

New York Attorney General Reports · Jun 10, 1982

The language "subject to the approval of the town board" used in this subdivision has been construed as referring to the maintenance and repair of highways and not to the employment of persons ( Matter of Hiscox v Holmes, … The town superintendent has full responsibility to employ and supervise the persons described in section 140 (4) of the Highway Law ( Matter of Hiscox v Holmes, supra; Myruski v Town of Goshen, 87 Misc.2d 1063 , 1064 [Sup

Opn. No.

New York Attorney General Reports · Jul 3, 1995

It has long been established that a board may not appoint one of its members to a position. Wood v Town of Whitehall , 120 Misc. 124 (Sup Ct Wash Co), affd , 206 App. Div. 786 (3d Dept 1923). … See also , Macrum v Hawkins , 261 N.Y. 193 (1933), and Matter of Brenner v Vines , 35 A.D.2d 536 (2d Dept 1970).

Opn. No.

New York Attorney General Reports · May 19, 1998

In addition, you have asked whether two newly-elected town board members may serve on the corporation's board of directors. … 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 · Jul 20, 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. … Furthermore, appointment of a board member as zoning and code enforcement officer is contrary to the common law rule that an appointing body may not appoint one of its own members to a public office ( Wood v Town of Whitehall

Opn. No.

New York Attorney General Reports · Mar 5, 1981

The town supervisor is the presiding officer at meetings of the town board and may appoint committees of the board to assist in the performance of board duties (Town Law, § 63 ). … The abolition, transfer or curtailment of a power of an elective board is subject to this referendum requirement ( McCabe v Vooris, 243 N.Y. 401 [1926]; see also Fogarty v Warden, 191 Misc. 916 [Sup Ct, Orange Co., 1948],

Opn. No.

New York Attorney General Reports · Dec 24, 1999

Subdivision 11 was enacted (L 1998, ch 13) to authorize a town board to establish the positions of alternate members of the zoning board of appeals to replace members of the board who are unable to participate because of … Kamhi v. Town of Yorktown , 74 N.Y.2d 423 (1989). The Attorney General renders formal opinions only to officers and departments of State government.

Opn. No.

New York Attorney General Reports · Oct 10, 2006

Renn v. Kimbark, 51 N.Y.2d 189 , 193-94 (1980). … Id. at 194-95; see also Hahn v.

Informal Opinion No.

New York Attorney General Reports · Nov 13, 1986

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 same is true of the offices of member of a town zoning board of appeals and member of the board of trustees of a village.

Opn. No.

New York Attorney General Reports · Mar 29, 1977

Leary v. Knox, 166 N.Y. 444 ). … A later general statute not expressly repealing a prior special statute is not considered as repealing the special law unless there is a clear intent to do so ( Board of Education of White Plains v.

Informal Opinion No.

New York Attorney General Reports · Apr 23, 1985

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 town board member will be faced inevitably with the same decisions.

Opn. No.

New York Attorney General Reports · Apr 22, 1976

Woodward v. Draper, 67 Misc. 460 , affd. 142 App. Div. 102 , affd. 202 N.Y. 612 ). … "It is axiomatic that local governmental units are creatures of, and exercise only those powers granted to them by the State * * *." ( Seaman v. Fedourich, 16 N.Y.2d 94 , 101 [1965].) See also Wells v.

Opn. No.

New York Attorney General Reports · Oct 11, 1979

It is noted that Town Boards of Zoning Appeals do not have authority to appoint their own counsel (see, e.g., Town of Stony Point v McDonnell, 70 Misc.2d 490 [Rockland Co., Sup. … of Zoning Appeals by the Town Board.

Opn. No.

New York Attorney General Reports · Mar 3, 1976

In this regard, an excerpt from Town Board of the Town of Poughkeepsie, et al . v. … Since municipalities may exercise only those powers delegated to them by the State ( Seaman v. Fedourich, 16 N.Y.2d 94 ), in the absence of authority for the town to grant such an exemption, it may not be given.

Opn. No.

New York Attorney General Reports · Apr 7, 1981

The courts, and opinions of the Attorney General, have consistently held that it is contrary to public policy for any appointing board to appoint one of its members to a position which it has authority to fill ( Wood v Town … Div. 786 , on the opinion below [1923]; Macrum v Hawkins, 261 N.Y. 193 [1933]; 1932 Atty Gen [Inf] 552; 1960 Atty Gen [Inf] 84).

Opn. No.

New York Attorney General Reports · Apr 1, 1977

daily accounting reports to said Board. … The Catskill Regional Off-Track Betting Corporation is a public corporation distinct and apart from the County of Rockland ( Cuilla v. State, 191 Misc. 528 [Court of Claims, 1948]; Driscoll v.

Informal Opinion No.

New York Attorney General Reports · Nov 13, 1986

Town Attorney, Haverstraw You have asked whether it is permissible for the chairperson of a town planning board to also serve as a member of the board of trustees of a village located in 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 · Mar 16, 1979

Town of Rye, 280 N.Y. 469 , 474 [1939]; Comereski v City of Elmira, 308 N.Y. 248 , 252 [1955]). … We are advised that the Consumer Protection Board is in the process of determining whether local municipal payments will be made to the Board itself, or directly to the Board's consulting firm.