Case law

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 · Apr 23, 1985

In lieu of the fee, where permitted by the town board and town planning board, a developer could build low and moderate income housing. The specifics of the program have not yet been determined. … The amount of the fees charged by the planning board should reflect what is reasonably necessary to undertake the regulatory review ( Jewish Recon., Etc. v Inc.

Formal Opinion No.

New York Attorney General Reports · Dec 2, 1987

By doing so, they earn chances to win prizes in the "bingo board" segment of the game. The bingo board is a large reproduction of the traditional bingo card. … [and] . . . no type of bingo may be conducted unless its operation is in conformity with the new legislation . . ." ( id., at 572 ; see also, Kayden Industries, Inc. v Lefkowitz, 46 Misc.2d 423 [Sup Ct, N Y Co, 1965]).

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.

Opn. No.

New York Attorney General Reports · Mar 4, 2005

Hood: You have requested an opinion as to whether the local law by which the Village Board abolished the Village's police department was subject to mandatory referendum. … Savory, Inc. v. Plunkett , 295N.Y. 180, 183 (1946); Horowitz v.

Informal Opinion No.

New York Attorney General Reports · Apr 4, 1988

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. … Furthermore, the town board may authorize the planning board to review and approve applications for site-plan development ( id., § 274-a) and subdivision development ( id., §§ 276, 277).

Opn. No.

New York Attorney General Reports · May 8, 1979

Upon appeal to the Public Employment Relations Board the hearing officer's decision was affirmed. … In our opinion, based on Matter of Hiscox v Holmes, 239 App.

Opn. No.

New York Attorney General Reports · Apr 21, 1981

Section 239-b of the General Municipal Law authorizes the board of supervisors of a county to collaborate with the governing boards of other municipalities to establish a regional planning board. … public purpose and only incidentally benefits private individuals, it will not run afoul of the gifts and loan provisions of the New York State Constitution (NYS Const, Art VIII, §§ 1 and 2; see, e.g., Hotel Dorset Co. v

Opn. No.

New York Attorney General Reports · Sep 19, 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. … The chief of police is appointed by the town board, which also fixes his or her compensation. Town Law § 150 (1).

Informal Opinion No.

New York Attorney General Reports · Jan 23, 2006

Comprising the board of inspectors of election, they possess all the powers conferred by law upon a board of inspectors of election at a town election. Id. § 2-220(3), (4). … See Matter of Savage v.

Opn. No.

New York Attorney General Reports · Jun 8, 1999

See , Racing Law articles V and V-a. … See , New York State Public Employees Federation, AFL-CIO v.

Opn. No.

New York Attorney General Reports · Dec 5, 1978

Since a board of education has no power to make any contracts with its employees which are not specifically authorized by statute, we must conclude that the Board of Education of the City School District of the City of Lackawanna … (See Matter of Boyd v Collins, 11 N.Y.2d 238 , and Downey v Lackawanna School District, 51 A.D.2d 177 .)

Opn. No.

New York Attorney General Reports · Dec 31, 1981

Matter of Disabled American Veterans v State Bingo Control Commission, 41 Misc.2d 206 [Sup Ct, Onondaga Co, 1963]) if the general public is permitted to attend. … Since your board is charged by law with the administration of the statute in question, its interpretation, if not unreasonable, would be entitled to great weight ( Matter of DiMarisco v Ambach, 48 N.Y.2d 576 [1979]).

Opn. No.

New York Attorney General Reports · Feb 17, 1999

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. … Also, a member of the Village Board of Trustees is ineligible for membership on the Zoning Board of Appeals. Village Law § 7-712 (3). This provision does not apply to your inquiry.

Informal Opinion No.

New York Attorney General Reports · Oct 18, 1985

Stepski v Harford, 286 N.Y. 477 [1941]). The City of Newburgh permitted only licensed master plumbers to alter, repair or make connections to any part of the plumbing system ( id., p 479). … The Court noted that a 1929 amendment to section 53 added the language authorizing the local board of examining plumbers in conjunction with the board of health for plumbing and drainage to adopt rules determining who may

Opn. No.

New York Attorney General Reports · Mar 15, 1993

Cole, Assistant Attorney General in Charge of Opinions Your office has asked whether the board of education of the Buffalo city school district may reimburse a member of the board for legal defense costs relating to a charged … "The authority of local governments to provide for defense and indemnification by a local enactment has been recognized (see, Corning v Laurel Hollow, 48 N Y 2d 348 , 354 [1979]).

Opn. No.

New York Attorney General Reports · Jun 1, 1994

Section 1003 of the law provides that, before it may grant a simulcast license, the Racing and Wagering Board (the "Board") shall review and approve a plan of operation submitted by the applicant. … Those regulations provide: "A county or a city which participates in a regional off-track betting corporation established pursuant to article V of the Racing, Pari-Mutuel Wagering and Breeding Law shall be accountable for

Opn. No.

New York Attorney General Reports · May 17, 1990

Failure to comply with procedural requirements for the enactment of local legislation, if substantial, invalidates the enactment ( Coutant v Town of Poughkeepsie, 69 A.D.2d 506 , 513-515 [2d Dept, 1979]; Keeney v Village … Chatfield v Board of Trustees of the Village of North Syracuse, ). Thus, the resolution previously enacted to reduce the number of justices is invalid and the second office of town justice was not legally abolished.

Informal Opinion No.

New York Attorney General Reports · Dec 18, 1984

You indicated in your letter that a member of the town board died on June 4, 1984 and that the town board acted in accordance with section 64 (5) of the Town Law and appointed a person to fill the vacancy on July 21, 1984 … The purpose of these provisions is to ensure that when a vacancy occurs in an elective office, the vacancy will be filled in the shortest period of time reasonably possible ( Matter of Roher v Dinkins, 32 N.Y.2d 180 , 188

Opn. No.

New York Attorney General Reports · Dec 27, 1977

I do note, however, that a town planning board has the power to disapprove a proposed subdivision plat if the sewage system is inadequate ( Parmadale Development, Inc . v. … Planning Board of the Town of Parma, 35 A.D.2d 904 [4th Dept., 1970]).