Case law

Opn. No.

New York Attorney General Reports · Aug 8, 1977

Records of the two towns in relation to the appointments indicate joint meetings of the town boards, special town board meetings and regular town board meetings. … Under Town Law § 62 the only authority for a town board to meet outside of the town is where provision is made by law for joint meetings of town boards.

Opn. No.

New York Attorney General Reports · Jun 26, 1996

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 the mayor of a village may serve also as the chairperson of a town zoning board of appeals, but must recuse himself or herself from acting on the zoning board of appeals with respect to matters that affect

Informal Opinion No.

New York Attorney General Reports · Nov 3, 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. … The town supervisor is also a member of the town board ( id., § 60). Here the supervisor is a member of the county board of supervisors.

Opn. No.

New York Attorney General Reports · Jan 22, 1992

During his campaign for the town board, the subject individual did not take a position regarding the landfill. … 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 · 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 · 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.

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 · Sep 16, 1994

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. … This authority is exercised under the direction of the board of fire commissioners.

Opn. No.

New York Attorney General Reports · Apr 28, 1977

General Fireproofing v. New York State National Bank, 225 N.Y. 180 , 186 (1919); Bullock v. Cooley, 225 N.Y. 566 , 571 (1919). … Howard v. Wyman, 28 N.Y.2d 434 , 438 (1971).

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 · Oct 20, 1976

The Town Board desires to restrict the sale of burial plots to residents. … The Supreme Court of the United States stated in Southern Railway Co . v.

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

Opn. No.

New York Attorney General Reports · Aug 12, 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 town board is responsible for entering into the contract with the board of fire commissioners.

Opn. No.

New York Attorney General Reports · Apr 7, 2000

Assoc. v. … See e.g ., Matter of Vulcan Affordable Housing Corp v.

Opn. No.

New York Attorney General Reports · Aug 9, 2005

See Resnick v. … See Mercado v.

Opn. No.

New York Attorney General Reports · May 17, 1990

Construing these two provisions, it has been found that the board of trustees, not the mayor, is authorized to appoint a village chief of police ( Milhim v Clarke, 140 Misc.2d 1092 [Sup Ct, Nassau Co, 1988]). … We conclude that the board of trustees, not the mayor, is authorized to appoint a person to the position of sergeant in the village police department.

Opn. No.

New York Attorney General Reports · Jan 29, 1999

See also , People v. Jensen , 86 N.Y.2d 248 (1995); People v. Miller , 70 N.Y.2d 903 (1987). School board trustees are public officers.2 See, e.g., Wong v. … In that opinion, we determined that based on the Court of Appeals analysis in Matter of Duffy v.

Informal Opinion No.

New York Attorney General Reports · May 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. … He shall see that the rules and regulations of the board of fire commissioners are observed and that the orders of the board of fire commissioners are duly executed.

Informal Opinion No.

New York Attorney General Reports · Dec 17, 1984

Under section 276, the town board may authorize and empower a planning board to approve subdivision plats. … The town's approval, however, may not be unreasonably withheld or granted with unreasonable conditions ( Parmadale Development, Inc. v Town of Parma, 35 A.D.2d 904 [4th Dept, 1970]; Matter of Medine v Burns, 29 Misc.2d 890

Opn. No.

New York Attorney General Reports · Oct 21, 1976

, the board of trustees of a village, the board of fire commissioners of a fire district and the board of estimate of a city, or if there be none the local legislative body of such city, may sell, transfer or lease to or … (See Western New York Water Company v. Erie County Water Authority, 305 N.Y. 758 ; Comereski v. City of Elmira, 308 N.Y. 248 .)