Case law

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 · Jun 16, 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. … We conclude that a village board of trustees may appoint the village attorney to serve as acting village justice if the board arranges matters so that the village attorney does not appear in the village court representing

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.

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).

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 · Feb 23, 1981

Burke County Attorney, Madison County You report to us that by Local Law No. 1 for the year 1964 the Madison County Board of Supervisors (board), pursuant to authority contained in County Law § 400 subd 2, abolished the office … Matter of Senior v Boyle, 221 N.Y. 414 (1917). The duties and functions of coroners and medical examiners are set forth in County Law §§ 671 and 673 (there is no section 672): "§ 671.

Informal Opinion No.

New York Attorney General Reports · Oct 29, 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 town 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.

Opn. No.

New York Attorney General Reports · Sep 16, 1996

Election Law § 1-104 (5); Matter of Sulli v. Bd. of Supervisors of the County of Monroe , 24 Misc.2d 310 (Sup Ct Monroe Co 1960); see also , Cunningham v. Bronx Co. Democratic Executive Committee , 420 F. … If found appropriate, the town board can amend the code to add standards.

Informal Opinion No.

New York Attorney General Reports · May 27, 1986

board of supervisors ( ibid .). … The town clerk presents claims to the town board for audit ( id., § 119[1]).

Opn. No.

New York Attorney General Reports · Dec 26, 1978

It is a fundamental of municipal law that a municipality may do only those acts which are specifically authorized or which are necessarily inferred from a grant power ( Seaman v Fedourich, 16 N.Y.2d 94 [1965]). … The board of supervisors, prior to the public hearing or at any time up to the final adoption of the assessment roll, may change the proportion of the benefit enjoyed by various properties within the district if the board

Informal Opinion No.

New York Attorney General Reports · Feb 25, 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. … We conclude that the offices of deputy sheriff and member of a village board of trustees are compatible.

Opn. No.

New York Attorney General Reports · Feb 3, 1978

In our opinion, a vacancy on the village board of trustees is filled through an appointment by the mayor and the appointment is not subject to approval by the village board of trustees. … "(A)fter the happening of the vacancy" has been interpreted in Howard v Rockefeller, 15 N.Y.2d 927 (1965), and in Matter of Roher v Dinkins, 32 N.Y.2d 180 (1973), to mean after the date set by statute subsequent to which

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 · Feb 14, 1978

Barry Chairman New York State Racing and Wagering Board This is in reply to your letter of January 18, 1978 in which you ask whether a harness track under the jurisdiction of the New York State Racing and Wagering Board may … As you are aware, on July 19, 1972 the New York State Human Rights Appeal Board, in Abosh v. New York Yankees (Case No.

Informal Opinion No.

New York Attorney General Reports · Sep 6, 1988

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 offices of town director of finance and member of a town zoning board of appeals are compatible.

Opn. No.

New York Attorney General Reports · Jan 27, 1981

They act by command" ( Meiers v Koch Brewery, supra, p 15 ). … with the board of education to clarify the issue.

Opn. No.

New York Attorney General Reports · May 23, 1977

, Wiener v. … Weintraub, 22 N.Y.2d 330 [1968]; Bein v. Lewis, 47 A.D.2d 538 [2d Dept., 1975]; Studley, Inc . v. Lefrak, 50 A.D.2d 162 [2d Dept., 1975]; Loudin v.

Opn. No.

New York Attorney General Reports · Aug 4, 1997

It is within the power of the board of education to appoint a school district tax collector who will serve at the pleasure of the board. Education Law § 2130 (4). … Ryan v.

Opn. No.

New York Attorney General Reports · Oct 19, 1978

Direct action by the people is the exception." ( Mills v Sweeney, 219 N.Y. 213 [1916]; Browne v City of New York 241 N.Y. 96 [1925]; Matter of McCabe v Voorhis, 243 N.Y. 401 [1926]; Elkind v City of New Rochelle, 5 Misc.2d

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.