Case law

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 · 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 · 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 · 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.

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 · Jan 15, 1981

of the town board authorizing the action. … Town of Thompson v Eric Alleva, et al., supra, dealt with an action initiated without any authorizing resolution of the town board.

Informal Opinion No.

New York Attorney General Reports · Nov 5, 1986

Village Attorney, Avon You have asked whether a village may establish a planning board composed of seven members. The Village Law authorizes the establishment of a planning board consisting of five members (§ 7-718). … on the board.

Informal Opinion No.

New York Attorney General Reports · May 30, 1989

Town Attorney, Alden You have asked whether a member of a town board who has tendered his resignation, effective at some future date, may vote at a town board meeting on the appointment of his replacement on the town board … The town board has no authority to fill a prospective vacancy but may act only when a vacancy actually occurs or exists (Town Law, § 64 [5]; Mtr. of Roberts v Allen, 54 Misc.2d 746 [Sup Ct, Albany Co, 1962]).

Opn. No.

New York Attorney General Reports · Oct 15, 1999

Ryan v. Green , 58 N.Y. 295 (1874). In that case the Court of Appeals held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. … You have further informed us that the Department is governed by a Police Committee, which is composed of one representative from each of the three village boards and two representatives from the Town Board.

Opn. No.

New York Attorney General Reports · Jul 18, 1980

Those duties "are in a large measure, in kind the same as are imposed upon police officers and he necessarily exercises police powers" ( Commisso v Meeker, 8 N.Y.2d 109 , 122 [1960], citing Pearce v Stephens, 18 App. … Osborne, 29 N.Y.2d 259 [1971]; People v Epstein, 47 A.D.2d 661 [2d Dept, 1975], citing Uniform Justice Court Act § 2001 ).

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 · Dec 31, 1996

Lavier v. Hessler , 152 App. Div. 839 (4th Dept 1912); 1912 Op Atty Gen (Inf) 167. … Lavier v. Hessler , supra , 152 App.

Opn. No.

New York Attorney General Reports · Aug 28, 1979

of interest, represent the board of supervisors. … with the county officer's official duties ( Cahn v Town of Huntington, 29 N.Y.2d 451 , 455 [1972]).

Opn. No.

New York Attorney General Reports · Jun 15, 1990

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 provision of information to assist the zoning board of appeals would complement the duties of the members of the board.

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 15, 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. … But this is an inevitable competition that neither the board nor the council can effectively influence. Ultimately, the State University Board of Trustees controls the educational policy of both types of colleges.

Informal Opinion No.

New York Attorney General Reports · Jul 7, 1986

Matter of MacDonald v Ordway, 219 N.Y. 328 , 332 [1916]; Matter of Haller v Carlson, supra, p 830). … The planning board has responsibility for the development of the master plan which forms the basis for the development of the town (Town Law, § 272-a ); if authorized by the town board, advises other town departments and

Opn. No.

New York Attorney General Reports · Aug 11, 1980

Paragraph 12 provides that a town board may: "12. … In all cases the regulation must be reasonable ( People v Grant, 306 N.Y. 258 [1954]; Bakery Salvage v City of Lackawanna, 24 N.Y.2d 643 [1969]; Gotham Sand Stone Corp. v Inc.

Informal Opinion No.

New York Attorney General Reports · Feb 2, 1988

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. … You indicate in your letter that the zoning board of appeals will on occasion solicit opinions from the town superintendent of highways with respect to a matter before the board of appeals.

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