Case law

Opn. No.

New York Attorney General Reports · Jun 15, 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. … There is only the general requirement that zoning actions be based on comprehensive planning reflecting consideration of the needs of the overall community ( Udell v Haas, 21 N.Y.2d 463 [1968]; Town of Bedford v Village of

Informal Opinion No.

New York Attorney General Reports · Sep 11, 1985

Town Attorney, Riverhead You have asked whether a town board may establish a board of police commissioners consisting of three members of the town board. … The courts have recognized the extensive home rule authority of local governments with respect to local offices and positions ( Resnick v County of Ulster, 44 N.Y.2d 279 [1978]).

Opn. No.

New York Attorney General Reports · Dec 20, 2002

See O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green , 58 N.Y. 295 , 304-05 (1874); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995). … See O'Malley v.

Opn. No.

New York Attorney General Reports · Apr 9, 2008

See Roosevelt Islanders for Responsible Southtown Dev. v. … Instructive in this connection is Roosevelt Islanders for Responsible Southtown Dev. v. Roosevelt Island Operating Corp. , 291 A.D.2d 40 (1 st Dep't 2001) (hereinafter referred to as "Roosevelt Islanders") .

Opn. No.

New York Attorney General Reports · May 14, 1979

board approval. … In support of our conclusion we relied upon Walton v Town of Brookhaven, 41 Misc.2d 798 (1964). See, also, Matter of Boxer v Town of Cortlandt, 60 A.D.2d 913 (1978).

Opn. No.

New York Attorney General Reports · Apr 27, 1977

In Robin v. … (See, also; 2 Kent, 295; People v. Collins, 7 J.R., 549; People v. Dean, 3 Wend., 438 ; People v. White, 24 id., 540 ; Morris v.

Opn. No.

New York Attorney General Reports · Jul 21, 2003

Examining Board as well. … No. 93-36; see Matter of Zagoreos v. Conklin, 109 A.D.2d 281 , 287 (2d Dep't 1985); Matter of Conrad v. Hinman , 122 Misc.2d 531 , 534 (Sup.Ct. 1984).

Opn. No.

New York Attorney General Reports · Apr 28, 1976

And to the same effect are the following authorities: Minot v. Inhabitants of West Roxbury * * *; Anthony v. Adams ( 1 Met. 284 ); Parsons v. Inhabitants of Goshen ( 11 Pick. 396 ); Lemnon v. … City of Newton ( 134 Mass. 476 ); Cornell v. Town of Guilford ( 1 Denio, 510 ); Board of Supervisors v. Ellis, ( 59 N Y 620 )."

Informal Opinion No.

New York Attorney General Reports · Jul 21, 1987

school students does not violate the separation of church and State set forth in the Establishment Clause ( Board of Education v Allen, 392 U.S. 236 [1968]; Everson v Board of Education, 330 U.S. 1 [1947]). … To the extent a school district makes these services available, it must make them available on an equal basis to all students (see, Finkel v New York City Board of Education, 474 F.

Opn. No.

New York Attorney General Reports · Jul 2, 1982

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. … See Matter of Smith v Dillon, 267 App. Div. 39 , 43 [3d Dept, 1943].) The Attorney General renders formal opinions only to officers and departments of the State government.

Opn. No.

New York Attorney General Reports · Apr 13, 1976

And to the same effect are the following authorities: Minot v. Inhabitants of West Roxbury (supra); Anthony v. Adams ( 1 Met. 284 ); Parsons v. Inhabitants of Goshen ( 11 Pick. 396 ); Lemnon v. … City of Newton ( 134 Mass. 476 ); Cornell v. Town of Guilford ( 1 Denio, 510 ); Board of Supervisors v. Ellis, ( 59 N.Y. 620 )."

Informal Opinion No.

New York Attorney General Reports · Aug 19, 1988

v Hinman, 122 Misc.2d 531 , 534 [Sup Ct, Onondaga Co, 1984]). … The decisions of local boards have been set aside based upon judicial findings of conflicts of interests of board members participating in the decisions ( ibid.; Taxpayers' Association v Town Board, 69 A.D.2d 320 [2d Dept

Opn. No.

New York Attorney General Reports · Aug 1, 2001

Ryan v. Green , 58 N.Y. 295 , 304-305 (1874); O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3rd Dep't 1995). … No. 83-9 (citing Wood v. Town of Whitehall , 120 Misc. 124 [Sup. Ct. Washington Co. 1923], aff'd , 206 App.

Opn. No.

New York Attorney General Reports · Jan 4, 2005

Alternatively, the board of trustees may commence an Article 78 proceeding against the clerk to compel the performance of statutory duties. See CPLR § 7803 (1); Matter of Board of Education v. … See generally Rozler v. Frangler , 61 A.D.2d 46 (4th Dep't), aff'd , 46 N.Y.2d 760 (1978); cf. Op. Att'y Gen. (Inf.)

Opn. No.

New York Attorney General Reports · Feb 21, 2007

Golden v. Clark , 76 N.Y.2d 618 , 626-27 (1990). … Roth v. Cuevas , 158 Misc. 2d at 250 .

Informal Opinion No.

New York Attorney General Reports · Jan 9, 1987

It does not void the appointment of a former board member ( Matter of Valentin v Simon, 98 Misc.2d 5 [Sup Ct, Spec Term, New York Co, 1979]). … We conclude that an appointment voided by the rule established by Wood v Town of Whitehall cannot be remedied by the subsequent resignation of the appointee from the appointing body.

Informal Opinion No.

New York Attorney General Reports · Aug 22, 1985

In the past, some cases have treated off-street parking requirements as use restrictions ( Matter of Off Shore Restaurant Corp. v Linden, 30 N.Y.2d 160 , 168 [1972]; Matter of Murphy v Kraemer, 16 Misc.2d 374 [Sup Ct, Nassau … Co. v Delany, 28 N.Y.2d 449 , 453-454 [1971]).

Opn. No.

New York Attorney General Reports · Nov 22, 2002

Matter of Queensbury Ass'n v. Town Board of Town of Queensbury , 141 A.D.2d 997 , 998 (3d Dep't 1988). … See Olin v.

Opn. No.

New York Attorney General Reports · Feb 18, 1993

Mtr. of Zagoreos v Conklin, 109 A.D.2d 281 , 287 (2d Dept 1985); Mtr. of Conrad v Hinman, 122 Misc.2d 531 , 534 (Sup Ct, Onondaga Co, 1984). … .; Taxpayers' Association v Town Board, 69 A.D.2d 320 (2d Dept 1979).

Opn. No.

New York Attorney General Reports · Dec 27, 1983

A finding by the Board of a violation of Article 23-A must be supported by substantial evidence ( Matter of Cantor v New York State Racing and Wagering Board, 73 A.D.2d 544 [1st Dept, 1979]). … A determination of the Board denying a license must have a reasonable basis — that is, the action of the Board cannot be arbitrary or capricious ( Matter of Fink v Cole, supra ).