Case law

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.

Informal Opinion No.

New York Attorney General Reports · Jul 27, 1989

Counsel, Board of Elections in the City of New York You have asked whether payment by the Board of Elections of the City of New York of postage for voters' return of absentee ballots would violate Article VII , section 8 … LaGuardia, 291 N.Y. 320 [1943]; Murphy v Erie County, 28 N.Y.2d 80 [1971]).

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 · Apr 21, 1998

Under Public Officers Law § 30 , [w]hen any member of a board, commission, committee or authority, holding office by appointment of the governor, fails to attend three consecutive regular meetings of such board, commission … See , Matter of Kiernan v. Mirante , 53 Misc.2d 173 , 177 (Sup Ct Oneida Co 1967) (noting requirement of receipt of adequate notice of the meetings at issue).

Opn. No.

New York Attorney General Reports · Jul 13, 1999

We relied on Matter of Board of Education v. … Matter of Board of Education v. City of Buffalo , 32 A.D.2d at 100 (citations omitted). The Commissioner of Education has promulgated regulations governing school construction, which are published in 8 NYCRR part 155.

Informal Opinion No.

New York Attorney General Reports · Apr 4, 1988

In Ainslie v Lounsbery, 275 App. … It was decided that article 4 of the General City Law deals with a matter of State concern, and that the qualifications of members of the examing board of plumbers (§ 40-a) is an essential part of the State law ( ibid .).

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 · Oct 7, 1977

and if there were a quorum a vote of a majority of those present was sufficient for valid action (e.g., Morris 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 · Oct 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 · Jul 22, 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. … The office of intergovernmental relations is the liaison between the county board of legislators and the State Legislature and the United States Congress.

Opn. No.

New York Attorney General Reports · Jul 3, 1995

Rvan 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 Dykeman v Symonds , 54 A.D.2d 159 (4th Dept 1976). It is the possibility of wrongdoing and the principle involved which bars the holding of incompatible offices. Ibid .

Informal Opinion No.

New York Attorney General Reports · May 22, 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. … We conclude that the positions of member of the county board of supervisors and supreme court reporter are compatible.

Opn. No.

New York Attorney General Reports · Mar 25, 1977

do not approve of the appointment, the office continues to be vacant; the former incumbent holds over until a new appointment is made and a hold-over officer has full authority to act ( Williamson v. … Fermoile, 31 A.D.2d 438 [1969]; Jennings v. Wilson, 179 Misc. 358 [1942] and is entitled to the salary of the office.

Opn. No.

New York Attorney General Reports · Jun 3, 1977

Can the town board designate special policemen or temporary policemen? 2. Can the town board grant their constables police officer powers? 3. … (See, Seaman v. Fedourich, supra .)

Opn. No.

New York Attorney General Reports · Apr 29, 1981

the State Board of Elections. … State of New York, 55 Misc.2d 964 [Court of Claims, 1968], relying upon Stemmler v Mayor of City of New York, 179 N.Y. 473 [1904]).

Opn. No.

New York Attorney General Reports · Oct 1, 1997

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. … On behalf of the board, the fire chief supervises the members, officers and employees of the fire district, holds them accountable for neglect of duty and may suspend them for improper conduct, subject to action by the board

Opn. No.

New York Attorney General Reports · Feb 13, 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. … We have issued opinions concluding that a person may not simultaneously hold a position as member of the governing body of a local government (i.e., village board or town board member) and a position of employment in the

Untitled New York Attorney General Opinion

New York Attorney General Reports · Jul 2, 2016

Aguaiza v. Vantage Props. LLC, 69 A.D.3d 422, 423 (1st Dep’t 2010). … Lanza v. Wagner, 11 N.Y.2d 317, 324 (1962); Michaelis v. City of Long Beach, 46 A.D.2d 772, 773 (2d Dep’t 1974).

Opn. No.

New York Attorney General Reports · Jan 20, 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. … The amount of compensation is set by the board of supervisors. The board of the agency likewise determines its treasurer's compensation.

Informal Opinion No.

New York Attorney General Reports · Oct 4, 1983

While this might result in a meaningless election, the decision is one involving policy, in the hands of the town board. … A person elected to an office has no absolute right to assume the office (see, O'Connor v Greene, 174 Misc. 597 [Sup Ct, Nassau Co, 1940]).