Case law

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]).

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 · 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.

Informal Opinion No.

New York Attorney General Reports · Mar 7, 1986

Town Attorney, Jay You informed us that in 1982 your town board enacted a local law abolishing one office of town justice. … Chatfield v Board of Trustees of the Village of North Syracuse, sl op [Sup Ct, Onondaga Co, August, 1985, Justice Eugene F. Sullivan, Jr.]).

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 · 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 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 · 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 · 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.

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 · Jan 24, 1991

If the town board appoints only one commissioner, it is also required to designate two members of the town board to serve as members of the police commission. Ibid . … Kelley v McGee, 57 N.Y.2d 522 (1982); Carey v Oswego County Legislature, 91 A.D.2d 62 (3d Dept), affd memo 59 N.Y.2d 847 (1983).

Informal Opinion No.

New York Attorney General Reports · Sep 18, 1985

The mandatory referendum requirement is applicable to the abolition, transfer or curtailment of a power of an elective board ( McCabe v. Voorhis, 243 N.Y. 401 [1926]). … If through local legislative action the powers of an elective officer could be abolished, transferred or curtailed without restriction, the elective franchise would be rendered meaningless ( Morin v Foster, 45 N.Y.2d 287

Opn. No.

New York Attorney General Reports · Dec 21, 1990

Cole, Assistant Attorney General in Charge of Opinions You have asked whether a person may serve simultaneously as a member of a board of education and as a city officer. … .; Matter of Haller v Carlson, 42 A.D.2d 829 [4th Dept, 1973]).

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 ).

Opn. No.

New York Attorney General Reports · Oct 13, 1999

The rationale for this conclusion was set forth in Matter of McCabe v. … The Legislature explicitly has left that determination to the judgment of the District's Board of Fire Commissioners.

Opn. No.

New York Attorney General Reports · Oct 21, 1980

Our opinion, of course, must yield to a contrary provision in either of the local codes of ethics or any determination by a local board of ethics. … Ryan v Green, 58 N.Y. 295 [1874]). See, also, enclosed copy of our informal opinion published in 1978 Op Atty Gen 113. We discern no incompatibility between the two positions about which you inquire.

Opn. No.

New York Attorney General Reports · Mar 10, 1976

In any event there is no right to compromise taxes in the absence of statute. ( Smadeck v. City of Mount Vernon, 124 A.D. 515 , [2d Dept., 1908].) … Subdivision 5 requires the village to sell the property upon terms fixed by a resolution of the Village Board of Trustees.

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