Case law

Opn. No.

New York Attorney General Reports · Apr 27, 1976

Matter of Carroll v. Grumet, 281 App. Div. 35 (1st Dept., 1952), motion for leave to appeal denied 281 App. Div. 863 , motion to dismiss appeal granted, 305 N.Y. 692 ; Rosen v. Teachers' Retirement Board, 282 App. … Under § 10, the New York State Emergency Financial Control Board (the "Board") is given authority to extend the wage freeze until such date as the Board deems necessary to achieve the objectives of the financial plan.

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.

Informal Opinion No.

New York Attorney General Reports · Apr 21, 1988

In Matter of Fogarty v Warden ( 191 Misc. 916 [Sup Ct, Orange Co], affd 273 App. … Such a change constitutes a curtailment of the board's powers, specifically, the power to dismiss the appointee at will.

Opn. No.

New York Attorney General Reports · Mar 2, 1978

Neither of these statutes would prohibit a county recreation director from filling a position on a town board. … It is a well-established principle of common law that a municipal officer may not be appointed to another office over which he has the power of appointment ( Wood v Town of Whitehall, 120 Misc. 124 , affd 206 App.

Informal Opinion No.

New York Attorney General Reports · Jul 22, 1985

v Tompkins, 203 N.Y.S.2d 633 , 635 [Sup Ct, Westchester Co, 1960]). … or planning board ( id., § 280-a[4]).

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).

Informal Opinion No.

New York Attorney General Reports · Aug 17, 1988

The planning board has responsibility for the development of the master plan which forms the basis for development in a town (Town Law, § 272-a ); if authorized by the town board advises other town departments and officers … 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 · 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.

Opn. No.

New York Attorney General Reports · Mar 31, 1994

See 1991 Op Atty Gen No. 91-F10; Matter of Frederick v Civil Service Commission, 175 A.D.2d 428 (3d Dept 1991). … Applicants may not be licensed unless they first are certified by the Racing and Wagering Board (the "Board"). Prospective employees submit applications to the Nation's gaming operation which forwards them to the Board.

Opn. No.

New York Attorney General Reports · Dec 24, 1999

It is against public policy for a governing body or public board to appoint one of its own members to a public office or position of employment. Wood v. … See also , Macrum v. Hawkins , 261 N.Y. 193 (1933); Matter of Brenner v. Vines , 35 A.D.2d 536 (2d Dept 1970).

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 · May 28, 1981

Westchester County abolished the traditional board of supervisors and replaced it with a board of legislators, separately elected. … Ryan v Green, supra ).

Opn. No.

New York Attorney General Reports · Nov 18, 1977

None of these sections prohibit an appointed county attorney from serving as a board member. … expressly prohibited by the New York State Constitution or other law or the two offices are of such a nature that the simultaneous holding of both by the same person creates an incompatibility under the common law ( People v

Opn. No.

New York Attorney General Reports · Mar 2, 1977

In Cahn v. … Hanna, as Mayor of the City of Utica, et al . v. Edward A.

Opn. No.

New York Attorney General Reports · Sep 2, 1992

and he shall not serve as a member of the county board of supervisors." … See, Matter of Dawson v Knox, 231 A.D. 490 , concurring opn, p 494 (3d Dept 1931); Gerber v New York City Housing Authority, 42 N.Y.2d 162 , dissenting opn, p 169 (1977); 1989 Op Atty Gen (Inf) 64.

Opn. No.

New York Attorney General Reports · Dec 20, 1977

be December 31, 1979, will serve as town justice and sit as a member of the Town board as would have the present Town justice if it were not for the resignation. … if the term of the office extends beyond December 31 of next year there must be an election next year to fill the remainder of the term, as required by the Constitution of the State of New York, Article 13 § 3 and Howard v

Informal Opinion No.

New York Attorney General Reports · Aug 16, 1988

], 523 N.Y.S.2d 654 [1988]; Matter of Giuliano v Entress, 4 Misc.2d 546 [Sup Ct, Spec Term, Monroe Co, 1957]). … We conclude that a quorum of a village board of trustees must be present to conduct a hearing on a proposed local law.

Informal Opinion No.

New York Attorney General Reports · May 1, 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. … In our view, the positions of county legislator and deputy commissioner and administrative assistant of the board of elections are incompatible.