Case law

Informal Opinion No.

New York Attorney General Reports · Dec 16, 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 village board of trustees is both the administrative and legislative arm of village government. Employees of the village are under the supervision and direction of the board.

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 ).

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.

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.

Opn. No.

New York Attorney General Reports · Jul 31, 1995

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. … He could become a member of the board of the district only as a representative of the county legislature.

Informal Opinion No.

New York Attorney General Reports · Feb 14, 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. … A teacher in a central school district is employed by the board of education in that district and is subordinate to that body, which is independent of the board of trustees of the school district library (Education Law, §

Informal Opinion No.

New York Attorney General Reports · Apr 25, 1984

as a member of the town zoning board of appeals. … We conclude that the offices of member of a town zoning board of appeals and member of a planning board of a village located within the town are not incompatible.

Informal Opinion No.

New York Attorney General Reports · Feb 7, 1989

Matter of MacDonald v Ordway, 219 N.Y. 328 , 332 [1916]; Matter of Haller v Carlson, supra, p 830). … It seems clear that the members of the board of appeals, in light of their powers in the land use planning area, are public officers.

Formal Opinion No.

New York Attorney General Reports · Nov 12, 1985

A public officer has the authority under law to exercise some portion of the sovereign powers of government ( ibid.; Matter of Haller v Carlton, 42 A.D.2d 829 [4th Dept, 1973]). … Residency requirements for public officers are designed to encourage employees to maintain a commitment and involvement with the governmental employer ( Mandelkern v City of Buffalo, 64 A.D.2d 279 [4th Dept, 1978]).

Opn. No.

New York Attorney General Reports · Jul 10, 1998

Taxpayers' Association v. Town Board , 69 A.D.2d 320 (2d Dept 1979); Op Atty Gen (Inf) No. 86-54. The proposed contract would provide additional responsibilities, funds and resources to the Sheriff's Department. … On the other hand, the Mayor's responsibility as a member of the Village Board of Trustees is to represent the interests of Village taxpayers.

Opn. No.

New York Attorney General Reports · Aug 3, 1976

This engineer sits at meetings of the Town Board and the Town Planning Board and he advises these bodies, as the engineer of the town, as to whether or not subdivision and site plans submitted for review have met the engineering … Feinberg v. Chapman, ( 274 App.

Opn. No.

New York Attorney General Reports · Mar 20, 1978

I note that the contract was signed for the corporation by the former chairman of the board, as president of the corporation. … The contract must be construed so as to give effect to the substantial intent of the parties as expressed in the contract ( Manson v. Curtis, 223 N.Y. 313 , 119 N.E. 559 [1918]; Price v.

Opn. No.

New York Attorney General Reports · Sep 30, 1999

In that opinion, the Attorney General cited People v. … Matter of Foley v. McNab , 42 Misc.2d 460 , 462 (Sup Ct Suffolk Co 1964), citing People ex rel. Furman v. Clute , 50 N.Y. 451 , 465 (1872).

Opn. No.

New York Attorney General Reports · Nov 2, 1998

You have forwarded to us the job description of the position of Planning Board Director. … 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 · Jul 14, 1978

New York State Div. of Human Rights, 35 N.Y.2d 673 [1974]; Board of Educ., Oyster Bay and Babylon v. New York State Div. of Human Rights, 35 N.Y.2d 677 [1974]). … of Educ . v.

Opn. No.

New York Attorney General Reports · Mar 6, 1978

Since local legislation prohibiting such discrimination would neither "prohibit what the State law permits nor allow what the State law forbids, " Wholesale Laundry Board of Trade v. … In People v.

Opn. No.

New York Attorney General Reports · Sep 16, 1996

The nine members of TIDA's governing board are appointed by the Troy City Manager. Id ., § 1952. … For example, the Authority's board may appoint the Troy City Attorney as its counsel.