Case law

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.

Opn. No.

New York Attorney General Reports · Mar 10, 1992

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 · Feb 17, 1978

You state that after acceptance of these roads by the Planning Board and the passage of a resolution to that effect by the Town Board, it was learned that no application was initially made to the Town Highway Superintendent … and use by proper authorities" (see People v Brooklyn and Queens Tr.

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]).

Informal Opinion No.

New York Attorney General Reports · Aug 23, 1983

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 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 · Jul 26, 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. … We have found that the positions of member of a town board and member of a village board of trustees are incompatible. 1980 Op Atty Gen (Inf) 119, 158.

Opn. No.

New York Attorney General Reports · Jun 25, 1998

Matter of Zagoreos v. Conklin , 109 A.D.2d 281 , 287 (2d Dept 1985); Matter of Conrad v. Hinman , 122 Misc.2d 531 , 534 (Sup Ct, Onondaga County 1984). … Matter of Zagoreos , supra ; Matter of Conrad , supra ; Tuxedo Conservation and Taxpayers Association v. Town Board , 69 A.D.2d 320 , 324 (2d Dept 1979).

Opn. No.

New York Attorney General Reports · Jun 6, 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. … Thus, this provision does not preclude a town board from appointing a county officer to the town board of assessment review.

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 · 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.

Formal Opinion No.

New York Attorney General Reports · Dec 29, 1989

Nor is there a detailed and comprehensive scheme in the racing law or in the Board's regulations dealing with health care of race meet patrons (see New York State Club Assn. v City of New York, 69 N.Y.2d 211 , 217 , affd … ___ US ___, 108 S Ct 2225 [1988]; Jancyn Mfg. v Suffolk County, 71 N.Y.2d 91 , 98 [1987]).

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.

Formal Opinion No.

New York Attorney General Reports · Dec 2, 1987

(WCL, § 25[4][a]; see Matter of Landgrebe v County of Westchester, 57 N.Y.2d 1 [1982]; Matter of Jefferson v Bronx Psychiatric Center, 55 N.Y.2d 69 [1982]; Matter of Adolf v City of Buffalo Board of Education, 50 N.Y.2d 871 … , supra; Klag v Drug and Chemical Club, supra ).

Opn. No.

New York Attorney General Reports · Jan 19, 1978

Attorney for the Town of Camillus Zoning Board of Appeals and Planning Board This is in reply to your letter of January 5, 1978, wherein you ask for an opinion as to the proper method for a town to grant an area variance. … Nicosia, 32 Misc.2d 246 [Supreme Court, Erie County, 1962], affd 18 A.D.2d 881 [Fourth Dept., 1963]; Schaus v. Town Board of Town of Clifton Park, 83 Misc.2d 726 [Supreme Court, Saratoga County, 1975]).

Opn. No.

New York Attorney General Reports · Mar 22, 1979

Genesee County was the subject of a reapportionment litigation entitled: "Supreme Court, State of New York, Genesee County, James Orlando, Julie Neubert, Joseph Tallo, Plaintiffs, v Board of Supervisors, Genesee County, Council … of supervisory representation (Matter of Orans, 24 A.D.2d 217 , aff'd. 17 N.Y.2d 107 , and Grove v.

Informal Opinion No.

New York Attorney General Reports · Mar 14, 1985

It is well established in this State that a referendum may be held by a local government only in accordance with a specific delegation of authority by the Constitution or State law ( Mills v Sweeney, 219 N.Y. 213 [1916]; … Matter of McCabe v Voorhis, 243 N.Y. 401 [1926]; 1981 Op Atty Gen [Inf] 154).

Opn. No.

New York Attorney General Reports · Feb 21, 1990

You have also informed us that the chief of the Village of Silver Creek police department appears in justice court as both prosecutor and witness (see People v Van Sickle, 13 N.Y.2d 61 [1963]; 1979 Op Atty Gen 28). … 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 26, 1995

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 village's planning board is authorized to review and approve proposed subdivisions, site plans, and special permit applications and may make recommendations to the village board of trustees on zoning amendments.

Opn. No.

New York Attorney General Reports · May 18, 1976

Ryan v. … Ryan v. Green, supra, we conclude that the two offices of Acting Village Justice in a village within the Town of Orangetown and membership on the Town of Orangetown Consumer Protection Board are incompatible, per se .

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.