Case law

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 · Aug 19, 1986

Thus, a town board is authorized to amend section 277 of the Town Law by local law to authorize the planning board to condition subdivision approval upon a developer's contribution toward the costs of needed fire protection … In Jenad, Inc. v Village of Scarsdale, 18 N.Y.2d 78 [1966]), the Court of Appeals considered whether the requirement by a village planning board that a developer contribute to a trust fund for parks constituted a tax or a

Informal Opinion No.

New York Attorney General Reports · Feb 2, 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. … The village clerk exercises many administrative functions under the direction of the mayor, including responsibility for custody of village books and records; serves as clerk to the board of trustees and other village boards

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.

Opn. No.

New York Attorney General Reports · Dec 21, 1998

Matter of Siegel v. Tange , 61 A.D.2d 57 , 59-60 (2d Dept 1978). In Matter of Siegel v. Tange , supra , the petitioner owned a parcel of property divided into six lots. … Thus, the Appellate Division reversed, finding that it was premature to bring an article 78 proceeding to review the determination of the Village Zoning Board of Appeals.

Opn. No.

New York Attorney General Reports · Nov 2, 2004

See Wells v. Warner , 203 N.Y.S.2d 214 , 216 (Sup.Ct. Suffolk County 1960). … Laws of N.Y. at 559 (1971); see also Metropolitan Multi-Housing Laundry Ass'n v.

Opn. No.

New York Attorney General Reports · Aug 12, 1982

The one exception to this restriction was recognized in Pearce v Stephens, 18 App. Div. 101 (2d Dept, 1897) affd 153 N.Y. 673 (1897), in which a sheriff was permitted to serve on a county board of appointment. … The Court in Pearce emphasized both the constitutional basis for the sheriff's membership on the board of appointment and the distinction between the functions of the two offices at issue: "It [membership on board of appointment

Opn. No.

New York Attorney General Reports · Dec 14, 1995

voter registration process. 1 The amendment to the Constitution, to allow state agencies and other entities to collect and transmit completed registration forms, was made necessary by the Court of Appeals decision in Clark v … In Clark v Cuomo , the Court of Appeals upheld so much of an Executive Order which established a voter registration program which required State agencies to distribute voter registration forms and provide assistance in the

Opn. No.

New York Attorney General Reports · Feb 19, 2002

Cahn v. Town of Huntington , 29 N.Y.2d 451 , 455 (1972); see also Moffatt v. … Cahn was the culmination of a long-standing dispute between a Town Board and the town's Planning Board.

Opn. No.

New York Attorney General Reports · Feb 24, 1992

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. … can supervise an individual who also wears the hat of board member.

Informal Opinion No.

New York Attorney General Reports · Mar 13, 1987

, 1966]); and is required to negotiate employment agreements with the staff * of the community college ( Matter of County of Ulster v CSEA, Ulster County, 37 A.D.2d 437 , 440 [3d Dept, 1971]). … the part-time security guard position under consideration here, we conclude that it would be improper for a member of that staff to serve as a member of the board of supervisors.

Opn. No.

New York Attorney General Reports · Nov 19, 2007

Belle v. … In Golden v.

Opn. No.

New York Attorney General Reports · Mar 11, 1991

Inasmuch as these options are recognized under New York State law, and are offered by the insurer designated by the board as the contract provider, we believe that the board can permit them to be offered to SUNY employees … Majauskas v Majauskas, 61 N.Y.2d 481 (1984); McDermott v McDermott, 119 A.D.2d 379 (2d Dept 1986), app dsmd 69 N.Y.2d 1028 (1987).

Opn. No.

New York Attorney General Reports · Nov 3, 1992

Matter of Zagoreos v Conklin, 109 A.D.2d 281 , 287 (2d Dept 1985); Matter of Conrad v Hinman, 122 Misc.2d 531 , 534 (Sup Ct, Onondaga Co, 1984). … .; Taxpayers' Association v Town Board, 69 A.D.2d 32 (2d Dept 1979).

Opn. No.

New York Attorney General Reports · Nov 7, 1990

The term "street" has been found to include sidewalks ( Lyman v Village of Potsdam, 228 N.Y. 398 [1920]; People v Lieberman, 32 Misc.2d 741 [1961]; 1987 Op Atty Gen [Inf] 95). … The improvement of a street, as described in section 6-622, may be authorized by the board of trustees by resolution (Village Law, § 6-612 ).

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.

Informal Opinion No.

New York Attorney General Reports · Mar 17, 1983

Town Attorney, Southeast Your town charges fees for applications to the planning board for approval of site plans and subdivisions. … 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.

Opn. No.

New York Attorney General Reports · Aug 11, 1980

As you correctly note, Executive Law, § 622 requires that you serve in your position as Chairman of the Crime Victims Compensation Board on a full-time basis. … employment has been given a practical construction so as to assure the public of the undivided efforts of the affected employee while allowing some latitude for the employee to pursue personal interests (see Matter of Thomas v

Opn. No.

New York Attorney General Reports · Mar 25, 1996

Dexter v. Town Board of Town of Gates , 36 N.Y.2d 102 , 105 (1975); St. Onge v. Donovan , 71 N.Y.2d 507 , 515 (1988). … The Court of Appeals, in deciding that the above condition is improper, cited the fundamental principle that a zoning board is charged with the regulation of land use and not with the person who owns or occupies the land.

Untitled New York Attorney General Opinion

New York Attorney General Reports · Nov 30, 2021

The Illinois case involved ballots that reflected two votes each for a 2In In re Bennett v. Board of Educ., 10 Misc. 2d 804 (Sup. … board member.