Case law

Opn. No.

New York Attorney General Reports · Jul 19, 1999

These charges must be heard in a disciplinary proceeding brought before at least a majority of the Board of Trustees. Id . … See , Kerr v. Kerr , 56 A.D.2d 567 (1st Dept 1977).

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 · Oct 25, 1995

In our view, the town board may enact a local law to reduce the term of the supervisor. … Eldred v Palmer , 154 N.Y. 133 (1897); 1976 Op Atty Gen (Inf) 110, 112; 1974 Op Atty Gen (Inf) 75, 77.

Opn. No.

New York Attorney General Reports · Feb 22, 1977

nor given by the Town Board. … Co . v. Siegel-Cooper Co., 202 N.Y. 502 [1911]).

Informal Opinion No.

New York Attorney General Reports · Oct 8, 1987

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 supervisor is a member of the town board which is both the administrative and legislative arm of town government. Employees and officers of the town are under the supervision and direction of the town board.

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.

Opn. No.

New York Attorney General Reports · Dec 24, 1991

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 town board is the legislative and administrative arm of town government.

Informal Opinion No.

New York Attorney General Reports · Jan 18, 1983

Town Attorney, Tyre You have asked whether one person may simultaneously serve as clerk to a county board of supervisors and as a member of a board of assessment review in a town within the county. … 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 · Aug 17, 1988

City of New York, 779 F.2d 141 [2d Cir, 1985]; Procaccino v Board of Elections of the City of New York, 73 Misc.2d 462 [Sup Ct, N Y Co, 1973]). … In Procaccino v Board of Elections of the City of New York, ( 73 Misc.2d 462 , 467 [Sup Ct, N Y Co, 1973]), the Court found that the process for election of city officials established by the Election Law is a matter of State

Opn. No.

New York Attorney General Reports · Mar 10, 1981

The village board may impose any notice requirements upon the sale which it considers appropriate. … Kingsley et al. v City of Brooklyn, 78 N.Y. 200 [1879]; Matter of Dovel Co., Inc. v Village of Lynbrook, 213 App. Div. 570 [2d Dept, 1925]).

Informal Opinion No.

New York Attorney General Reports · Nov 9, 1983

Venes v Community School Board, 43 N.Y.2d 520 [1978]). … The common law doctrine of res judicata is designed to prevent the relitigation by the same parties of the same claims or issues ( Venes v Community School Board, supra ).

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.

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.

Opn. No.

New York Attorney General Reports · Mar 9, 1977

Laws 51c; Longines-Wittnauer v. Barnes Reinecke, 15 N.Y.2d 443 , 453 [1965]). … (Torsiello v. State of New York, 70 Misc.2d 294 [Court of Claims, 1972].)

Informal Opinion No.

New York Attorney General Reports · Dec 17, 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. … In the past, we have found that town board members cannot serve as village trustees because of the inevitable conflict that arises when the town board decides the advisability of exempting property within the village from

Opn. No.

New York Attorney General Reports · Nov 15, 1976

In Matter of Smithtown v. … There was another common-law rule, however, that where a statute conferred power to act on several persons, all must be present before the power could be exercised ( Johnson v. Dodd, 56 N.Y. 76 , 79 ; Morris v.

Opn. No.

New York Attorney General Reports · Apr 7, 1976

A person, otherwise qualified, who is a member of the town board at the time the vacancy occurs may be appointed to fill the vacancy provided that he shall have resigned prior to such appointment." … In our opinion, based upon the conclusion of the Court of Appeals in Howard v.

Informal Opinion No.

New York Attorney General Reports · May 3, 1985

The person occupying the position of deputy corporation counsel is considering seeking the position on the board of education. … To qualify as an officer, however, the occupant must exercise a portion of the sovereign powers of government ( Matter of Haller v Carlson, 42 A.D.2d 829 [4th Dept, 1973]).

Opn. No.

New York Attorney General Reports · Sep 16, 1996

You also ask whether a resignation addressed to the town board — with a copy sent to the town clerk — constitutes sufficient delivery to the town clerk under State law. … Brescia v. Mugridge , 52 Misc.2d 859 , 863 (Sup Ct Suffolk Co), affd , 29 A.D.2d 632 (2d Dept 1967) (resignation of village mayor found valid notwithstanding failure to fully comply with statutory procedure).

Opn. No.

New York Attorney General Reports · Apr 29, 1976

You state in your letter that this employee, whose position you term as town secretary, was appointed by the town board. … Ryan v. Green, 58 N.Y. 295 , 304 [1874]).