Case law

Informal Opinion No.

New York Attorney General Reports · Dec 29, 1988

Your concern, however, is that this provision is inconsistent with the common law rule in the case of Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington Co, 1923], affd 206 App. Div. 786 [3d Dept, 1923]). … Under the Whitehall decision, a board may not appoint one of its members to a public office.

Informal Opinion No.

New York Attorney General Reports · Feb 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. … Lawrence-Eastern Ontario Commission who provides planning assistance to a village on projects which are subject to review and approval by the village planning board may not simultaneously serve as a member of that board.

Informal Opinion No.

New York Attorney General Reports · May 29, 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. … "The terms `special permit' and `site plan' shall be deemed to include any special permit, use permit, exception, or other special authorization which a board of appeals, planning board or legislative body is authorized to

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 · Feb 25, 1987

The distinction between a public office and public employment is not always clear ( Matter of Dawson v Knox, 231 App. Div. 490 , 492 [3d Dept, 1931]). … Matter of MacDonald v Ordway, 219 N.Y. 328 , 332 [1916]; Matter of Haller v Carlson, supra, p 830 ).

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).

Opn. No.

New York Attorney General Reports · Apr 4, 1977

We direct your attention to the enclosed memorandum issued by the State Board of Elections on March 29, 1977, addressed to county boards of elections and sent out by George V. … Palmer, Assistant Executive Director of the State Board of Elections, concerning several questions which have arisen as a result of the 1976 amendment.

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 · Jul 10, 1985

Div. 302 [1st Dept, 1900]; 1939 Op Atty Gen [Inf] 158; see also Martin v Burke, 25 Misc.2d 1042 [Sup Ct, Oneida Co, 1960]). … They exercise their powers separately and discretely from the town board. In our opinion, these functions make the board of fire commissioners a legislative body for purposes of section 35 of the Civil Service Law.

Opn. No.

New York Attorney General Reports · Nov 8, 1978

General City Law, § 81 provides for the appointment in certain cities, such as in the City of Port Jervis, of a board of (zoning) appeals vested with quasi-judicial powers. … Dawson v Knox, 231 App. Div. 490 [3d Dept, 1931], affd 267 N.Y. 565 .)

Opn. No.

New York Attorney General Reports · Aug 8, 1978

You point out that in Resnick v. … Vacancies in the office of town supervisor are filled by the town board by virtue of Town Law, § 64 , subdivision 5 (see Matter of Roth v. Loomis, 54 Misc.2d 39 ; 1975 Atty. Gen. 283).

Opn. No.

New York Attorney General Reports · Mar 26, 1984

The nine member Conciliation and Appeals Board (CAB) has two principal functions. … Shlufman of your staff indicates that the Association has since its inception totally funded the expenses of the CAB (see, also, 8200 Realty Corporation v Lindsay, supra, at p 134).

Opn. No.

New York Attorney General Reports · Jul 13, 1994

a given subject ( Consolidated Edison v Town of Red Hook, supra; Wholesale Laundry Board v City of New York, supra; People v DeJesus, 54 N.Y.2d 465 [1981]; People v Cook, supra; Robin v Incorporated Village of Hempstead, … Wholesale Laundry Board v City of New York, supra; People v Cook, supra .

Opn. No.

New York Attorney General Reports · Nov 3, 2004

Id . § 97-v(2)(b). … See Schettino v.

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]).

Informal Opinion No.

New York Attorney General Reports · Nov 8, 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. … In previous opinions of this office, we have found that the offices of town board member and member of a board of trustees of a village in the town are incompatible (1980 Op Atty Gen [Inf] 119, 158).

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.

Informal Opinion No.

New York Attorney General Reports · Jun 17, 1985

The regulation of the use of "public highways" by motor vehicles is an area that has long been preempted by the State (e.g., Vehicle and Traffic Law, §§ 1600 , 1604 ; People v Grant, 306 N.Y. 258 , 260 [1954]). … of the state university of New York and upon the application of the board of visitors or other similar board or body of a state hospital or state institution, the department of transportation may by order, rule or regulation

Informal Opinion No.

New York Attorney General Reports · Jul 9, 1984

Miller v Mynderse, supra, and Matter of Clancy v Sloan, supra) . … Under the rule established by Wood v Town of Whitehall, 120 Misc. 124 (S Ct, 1923), affd 206 App. Div. 786 (3d Dept, 1923), a board may not appoint one of its own members to a public office.

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.