Case law

Opn. No.

New York Attorney General Reports · May 13, 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. … We conclude that a person may serve as a member of a board of education and as a member of a town board of assessment review.

Opn. No.

New York Attorney General Reports · May 13, 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. … The town board may not make any changes in the estimate submitted by the board of fire commissioners. Ibid .

Opn. No.

New York Attorney General Reports · Aug 23, 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. … of supervisors and the county fire advisory board and the fire fighting forces in the county and the officers and governing boards or bodies thereof; and to perform such other duties as the board of supervisors shall prescribe

Informal Opinion No.

New York Attorney General Reports · Mar 21, 1985

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

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 · 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 · May 27, 1980

Also enclosed is a copy of the unpublished opinion dated December 21, 1976, in City Fire-Fighters Union Local 28, et al. v Duci and Schenectady Patrolmen's Benevolent Association, et al. v Duci . … Upon receiving such a request the town board should make a determination whether in its judgment the statements credited to the town councilman were made within the scope of his duties.

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 · Apr 23, 1981

Ryan v Green, 58 N.Y. 295 (1874), in which it was said: "Incompatibility between the two offices, is an inconsistency in the functions of the two; as judge and clerk of the same court — officer who presents his personal account … Education Law § 1804 subd 1 provides that each central school district board of education shall have the same powers and duties as boards of education in union free school districts.

Opn. No.

New York Attorney General Reports · Jul 28, 1977

(See, also, Benigno v Cohalan, 49 A.D.2d 871 [2d Dept. 1975].) Town Law, § 265 expressly provides that all zoning amendments be effectuated by ordinance . … The Court, in Stiriz v Stout, 210 N.Y.S.2d 325 , 327 (Supreme Court, Suffolk County, 1960), held that such requirements may not be circumvented.

Informal Opinion No.

New York Attorney General Reports · May 22, 1984

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 is both the adminstrative and legislative arm of town government.

Opn. No.

New York Attorney General Reports · Sep 5, 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. … Section 2103 prohibits a board member from being an employee of the board, and prohibits more than one family member from being a member of the same board, but there is no restriction on a board member holding any village

Opn. No.

New York Attorney General Reports · Nov 28, 1978

In the Matter of Dawson v Knox, 231 App. Div. 490 , 492 , the court held that the duties of a public official "* * * involve some exercise of sovereign power — those of a public employee do not. … Real Property Tax Law, § 1524 sets forth the law regarding boards of assessment review.

Opn. No.

New York Attorney General Reports · May 17, 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. … 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 · Sep 25, 1979

Meredith v Connally, 68 Misc.2d 956 , 960 (Sup Ct Renss Co., 1972), aff'd 38 A.D.2d 385 (3d Dept, 1972); Silberman v Katz, 54 Misc.2d 956 (Sup Ct, N Y Co, 1967), aff'd without opinion, 28 A.D.2d 992 (1st Dept, 1967); Mtr … Voorhis, 243 N.Y. 401 , 413 [1926]; Elkind v City of New Rochelle, 5 Misc.2d 296 , 300 [1957], affd 4 A.D.2d 761 , affd 5 N.Y.2d 836 ; Kupferman v Katz, 19 A.D.2d 824 , affd 13 N.Y.2d 932 [1963]; Silberman v Katz, 54 Misc

Informal Opinion No.

New York Attorney General Reports · Apr 7, 1989

Joint tenants hold "per my et per tout", or by the half and the whole ( Moskowitz v Marrow, 251 N.Y. 380 [1929]). … Corporate officers, by necessity, are given broad powers to transact business on behalf of the corporation ( McDuffie v Financier Co., 135 App. Div. 307 , 310 [1st Dept, 1909]; Powers v Schlicht Heat Co., 23 App.

Opn. No.

New York Attorney General Reports · Feb 18, 2003

Board of Trustees of the Village of Lansing v. … People v. Kerr , 27 N.Y. 188 , 199 (1863); People ex rel. Van Norder v. Sewer, Water, Street Comm'n of Village of Saratoga Springs , 90 App. Div. 555 , 557 (3d Dept. 1904); Adamson v. Nassau Elec. R.

Informal Opinion No.

New York Attorney General Reports · Sep 28, 1988

Village Attorney, Patchogue This is in response to your request for an Attorney General's opinion as to whether members of a village planning board or village zoning board of appeals may also be members of a community development … Your question is whether membership on the community development agency is compatible with membership on the village zoning board of appeals or the village planning board.

Opn. No.

New York Attorney General Reports · Dec 31, 1996

Van Sickle , 13 N.Y.2d 61 (1963); People v Czajka , 11 N.Y.2d 253 (1962). … People v. Van Sickle , 13 N.Y.2d 61 , supra ; People v. Czajka , 11 N.Y.2d 253 , supra .

Informal Opinion No.

New York Attorney General Reports · Nov 28, 1983

County of Westchester, 282 N.Y. 224 [1940]; People v Thew, 44 N.Y.2d 681 [1978]). … See, People v Kraushaar, 195 Misc. 487 , 89 N.Y.S.2d (Dist Ct, Nassau Co, 1949) and People v Gilbert, 137 N.Y.S.2d 389 (Westchester Co.