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 · 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.

Opn. No.

New York Attorney General Reports · Sep 21, 1982

First, when the board has fixed the salary by local law under Municipal Home Rule Law, § 10 (1)(ii)(a)(1), it may thereafter decrease that salary only by another local law ( Civil Service Employees Association, Inc. v City … See Matter of Bogacki v Zolemski, 143 Misc. 140 , 148 (Sup Ct, Erie Co, 1932), affd 283 App. Div. 764 (4th Dept, 1933).

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.

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 .)

Opn. No.

New York Attorney General Reports · Jul 10, 2000

Cataldo: You have inquired whether a member of both a board of cooperative education services ("BOCES") and the board of education of a school district that is a component of the BOCES may also serve as an elected part-time … We conclude that the school board and BOCES positions are incompatible with the position of district attorney.

Informal Opinion No.

New York Attorney General Reports · Mar 21, 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. … Accordingly, we conclude that the offices of town justice and member of a central school district board of education are compatible.

Opn. No.

New York Attorney General Reports · Feb 27, 1997

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. … Id .When required by the board of fire commissioners, the chief reports to the board on the condition of the property of the fire district and other information requested.

Formal Opinion No.

New York Attorney General Reports · Oct 2, 1985

Under these circumstances, it is our view that section 41 of the General Construction Law applies (see Savatgy v City of Kingston, 20 N.Y.2d 258 [1967]; compare Morris v Cashmore, 253 App. … common law rules defining quorum and voting requirements ( Matter of Smithtown v Howell, 31 N.Y.2d 365 , 376-377 [1972]).

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 · Aug 14, 1981

John V. Simon, Esq. … We are aware that in Iannucci v Board of Supervisors, 20 N.Y.2d 244 , 250 (1967), the Court observed that "the boards should be directed to reapportion themselves in accordance with the powers granted to them by Municipal

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 · Dec 30, 1980

Special policemen are subject to the general authority and direction of the Town Board and to such regulations as the Town Board may prescribe. … is still an officer and has the authority and even the duty to exercise the functions of his office without regard to departmental rules relating to hours (18 McQuillin, Municipal Corporations, § 53.80 [b], p 343; Burns v

Opn. No.

New York Attorney General Reports · Apr 12, 1982

On at least three occasions, an appellate division has determined an annexation to be in the overall public interest and permitted the annexation to take effect without a referendum ( Town Board of the Town of Brighton v … City Council of the City of Rochester, 59 A.D.2d 1041 [4th Dept, 1977] [all who could vote were intervenors favoring annexation]; Common Council of the City of Norwich v Town Board of the Town of Norwich, 40 A.D.2d 615 [3d

Opn. No.

New York Attorney General Reports · Nov 24, 2009

Matter of O'Brien v. Spitzer , 7 N.Y.3d 239 (2006). … Of Great Neck Plaza v. Nassau Co.

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. … In these situations, the town board may find it necessary, in furthering the public interest, to establish exceptions to the common law rule of compatability of office.

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. … A town court has no jurisdiction to review decisions of the planning board. Planning board decisions are reviewed under article 78 of the Civil Practice Law and Rules in Supreme Court.

Opn. No.

New York Attorney General Reports · May 23, 2000

See 1975 Op Atty Gen (Inf) 223); see also DiPaola v Meisser , 28 A.D.2d 1090 (2d Dep't), aff'd , 20 N.Y.2d 866 (1967). … In questioning the authority to increase the town supervisor's term, you cited Kerner v Town of Clifton Park , 178 Misc.2d 845 (Sup.Ct. Saratoga Co. 1998). Kerner , however, is consistent with this opinion.

Opn. No.

New York Attorney General Reports · Sep 16, 1996

Id .; Halperin v. Sullivan County , supra ; Ba Mar v. Rockland County , supra . … Malone Village Board v. Zoning Board , 164 A.D.2d 24 (3d Dept 1990).

Opn. No.

New York Attorney General Reports · Oct 17, 1979

Town Attorney, Rochester We acknowledge receipt of your letter inquiring whether the full time clerk of the town board of assessors may be, at the same time, a member of the town board of assessors. … Ryan v Green, 58 N.Y. 295 (1874) applies.