Case law

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

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

Informal Opinion No.

New York Attorney General Reports · Sep 4, 1986

Doscher v Sisson, 222 N.Y. 387 , 398 [1918]; In Mtr. of Joint Legis. Committee [Teachers Union of City of N.Y.], supra; Hanna v Common Council, supra ). … A local law which transfers a power from a board to a single member of that board, in our view, is subject to mandatory referendum.

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 · 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]).

Opn. No.

New York Attorney General Reports · Aug 24, 1979

Roslyn Harbor, 40 N.Y.2d 158 , 163 ; citing Village of Carthage v Frederick, 122 N.Y. 268 ; City of Buffalo v Stevenson, 207 N.Y. 258 ). … However, legal costs and similar expenses which are not fairly uniform and predictable or merely for the convenience of the town board may not be an acceptable charge to the applicant ( Synagogue v Roslyn Harbor, supra ).

Untitled New York Attorney General Opinion

New York Attorney General Reports · Dec 22, 2017

Fischer: The Deferred Compensation Board (Board) oversees the deferred compensation plan established for state employees. … The Board is a creature of statute and, as such, has only the powers the Legislature granted it and those necessarily implied from that grant. In re Flynn v. State Ethics Com’n, 87 N.Y.2d 199, 202 (1995).

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).

Informal Opinion No.

New York Attorney General Reports · Feb 14, 1984

Any condition so imposed must be reasonable and may relate only to the proposed use of the property ( Dexter v Town Board of the Town of Gates, 36 N.Y.2d 102 [1975]; Summit School v Neugent, 82 A.D.2d 463 [2d Dept, 1981]) … Ross, 61 Misc.2d 616 , 618 [Sup Ct, Orange Co, 1970], affd 34 A.D.2d 826 [2d Dept, 1970] [citing Conmar Builders, Inc. v Board of Appeals, 43 Misc.2d 577 (Sup Ct, Oneida Co, 1964)]).

Opn. No.

New York Attorney General Reports · Nov 5, 1997

Education Law § 1950 (2); People v. Murphy , ___ A.D.2d ___, 652 N.Y.S.2d 754 (2d Dept 1997). … Id .; see also , National Westminster Bank, USA v. State , 76 N.Y.2d 507 (1990). The same rationale applies here.

Opn. No.

New York Attorney General Reports · Nov 13, 1991

Initially, there must be a finding by the village board that the pigeons are, or may become, "a menace to public health or a public nuisance". ECL § 11-0513 . This determination is to be made by the village board. … See, generally, Matter of Joyce Properties, Inc. v Rubi, 52 Misc.2d 825 (NYC Civil Ct), affd, 54 Misc.2d 360 (App Term 1st Dept 1967).

Opn. No.

New York Attorney General Reports · Jul 31, 1995

Matter of MacDonald v Ordway , 219 N.Y. 328 , 332 (1916); Matter of Haller v Carlson , supra , p 830. … Matter of Lake v Binghamton Housing Authority , 130 A.D.2d 913 , 914 (3d Dept 1987); Matter of County of Suffolk v State of New York , 138 A.D.2d 815 , 816 (3d Dept 1988), affd , 73 N.Y.2d 838 (1989).

Opn. No.

New York Attorney General Reports · Dec 21, 1981

Mental Health (OMH) and the City Board of Education (BOE) are employees of the State for purposes of section 17 of the Public Officers Law. … Control over the teachers has not, under these circumstances, been completely transferred to the OMH ( Irwin v Klein, supra; Hill v Erdle, supra ).

Opn. No.

New York Attorney General Reports · Jun 21, 1977

Post v. Moses, 12 A.D.2d 243 [1961], at p. 250, reversed on other grounds, 10 N.Y.2d 199 .) … Regional boards' members are appointed by county legislatures (section 8113). They have been repeatedly held to be "performing a governmental function." See Western Regional Off-Track Betting Corp. v.

Opn. No.

New York Attorney General Reports · Aug 31, 1990

The fire company must first provide to the governing board of the political subdivision written notification, including a general description of the fundraising methods to be used; and if the board does not object in 30 days … fire commissioners or village boards of trustees to control such activities.

Informal Opinion No.

New York Attorney General Reports · Mar 9, 1983

of Education v City of New York, 41 N.Y.2d 535 [1977]; Board of Education v City of Buffalo, 32 A.D.2d 98 [4th Dept, 1969]). … of Education v City of New York, supra; Board of Education v City of Buffalo, supra ).

Informal Opinion No.

New York Attorney General Reports · Jun 23, 1983

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 fire chief would be responsible for supervising the clerk of the works in accordance with the rules and regulations and other directives of the board of fire commissioners.

Informal Opinion No.

New York Attorney General Reports · Jul 7, 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. … We conclude that one person may simultaneously serve as a member of the town zoning board of appeals and as the town assessor.

Opn. No.

New York Attorney General Reports · Dec 23, 1981

Honorable Edward V. … For example, in a recent case Holden v Cornell University, 80 A.D.2d 378 (3d Dept, 1981), the Court held that meetings of the Cornell University Board of Trustees must be open to the public when involving the statutory colleges