Case law

Opn. No.

New York Attorney General Reports · Aug 3, 1979

not applicable to real property ( Matter of City of New York (Realty Associates), 256 N.Y. 217 [1931]), and whether or not a property is "abandoned" presents complicated questions of intention and interpretation ( Foulke v … Expenditures for such boarding up or securing can properly be made from the Town contingency fund, since a town like a City, can generally spend money for any public purpose in an emergency situation.

Informal Opinion No.

New York Attorney General Reports · Jan 14, 1986

In any event, although county charter laws need not be consistent with general State laws (subject to specified limitations) ( Smithtown v Howell, 31 N.Y.2d 365 [1972]; Heimbach v Mills, 67 A.D.2d 731 [2d Dept, 1979]), in … We conclude that Nassau County lacks the authority to require bus companies to obtain approval from the county board of supervisors before operating a bus line in Nassau County.

Opn. No.

New York Attorney General Reports · Aug 1, 2008

In Rockland Woods, Inc. v. Inc. … In that case, in a five-member board, two members voted in favor of a measure, one member voted against it, one member abstained, and one position was vacant.

Opn. No.

New York Attorney General Reports · Apr 6, 1978

Laws, § 8008) and clearly all aspects of the corporate activities must, under the weight of authority of the statutes cited above and case law (see, e.g., Sullivan County Harness Racing Ass'n, Inc . v. … Glasser, 30 N.Y.2d 269 ; Sullivan County Harness Racing Ass'n, Inc . 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

Opn. No.

New York Attorney General Reports · Dec 18, 1980

The Clarkstown Code gives the building inspector the authority to inspect unsafe buildings and to report his findings and recommendations to the Town Board (§ 31-3). … (See Town Law § 130 [16]; Tax v Town of Evans, supra ; 1979 Op Atty Gen 197, supra .

Opn. No.

New York Attorney General Reports · May 26, 1978

Ryan v. Green ( 58 N.Y. 295 [1874]). … The most important restriction imposed upon the deputy supervisor is that when he presides over the town board meetings, he cannot vote (in his capacity as deputy supervisor) on matters coming before the board.

Informal Opinion No.

New York Attorney General Reports · Aug 7, 1989

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 county board appoints a board of managers who supervises the operation of the laboratory and its provision of medical laboratory services ( id., §§ 523, 525).

Opn. No.

New York Attorney General Reports · Sep 5, 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. … As deputy town attorney, this individual is assigned to advise the zoning board of appeals and the planning board.

Opn. No.

New York Attorney General Reports · Dec 17, 1980

claims or demands against the town * * * and with respect to the powers so conferred and the duties so imposed he shall be the town board of the town * * *." … Ryan v Green, 58 N.Y. 295 (1874), the leading case on incompatibility of office, states at p 304: "Incompatibility between two offices, is an inconsistency in the functions of the two; as judge and clerk of the same court

Opn. No.

New York Attorney General Reports · Dec 28, 1984

It is further provided that "[t]he commissioner of labor, the chairman of the workers' compensation board, and the superintendent of insurance shall serve as ex-officio members of the commission" ( ibid .). … Ordinarily, membership on a board or body, including ex officio membership, carries with it a right to vote ( Matter of Farrell v Board of Health, Oswego, 243 App. Div. 332 [4th Dept, 1935]).

Opn. No.

New York Attorney General Reports · Dec 20, 1978

Somewhat similar provisions were contained in the former Village Law § 350 subd 4, as amended by Chapter 620 of the Laws of 1933, which were interpreted in Gebhardt v Wilcox, 245 App. Div. 580 (1935). … The Gebhardt case indicates that the plan to effect the transiction was prepared by the village board of trustees after voter approval of he referendum to dissolve the village.

Opn. No.

New York Attorney General Reports · May 20, 1977

Gen. 339 (copy enclosed), Matter of Fauci v. Lee, 38 Misc.2d 564 (1963) and text and cited New York cases in 75 ALR 2d 1290 , 1291 and 1292. … At the time of passage of the local law the governing body of Rockland County was a Board of Supervisors, which has since been replaced by a County Legislature.

Informal Opinion No.

New York Attorney General Reports · Dec 12, 1985

Village Attorney, Saranac Lake You have asked whether one person may serve simultaneously as a member of the town board and as the director of the office of community development in a village located partially within the … 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 · Nov 2, 1989

County Attorney, Niagara You have asked whether a city building inspector may also serve as a member of the county planning board. … 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.

Opn. No.

New York Attorney General Reports · Aug 15, 1978

Corp . v. … Miller v. McDonald, supra .

Opn. No.

New York Attorney General Reports · Aug 6, 1996

Id .Note also that the Suffolk County Board of Supervisors is expressly exempted from the above requirements. … Sesto v. Mielke , 28 Misc.2d 228 , 230 (Sup Ct Suffolk Co 1961). The Legislature did not intend that the party seeking abandonment be the final arbiter as to whether statutory conditions have been met. Id ."

Opn. No.

New York Attorney General Reports · May 10, 1978

The Town Clerk shall be the authority for the issuance of such license permitting the peddling of the above items, but such authority shall be derived from the Town Board and the Town Board shall, upon application by an applicant … My decision in reference to this case is strengthened and fortified by the decision in the case of People v. Finkelstein ( 170 Misc. 188 )."

Opn. No.

New York Attorney General Reports · Jun 1, 1978

Weller v. Townsend, 102 N.Y. 430 ; Matter of MacAdams v. Cohen, 236 App. Div. 361 , affd. 260 N Y 559 ; Matter of Mitchell v. Boyle, 219 N.Y. 242 .) … Accordingly, we conclude that where there has been a failure to elect a town justice, the office must be filled by holding an election and not by an appointment by the town board.

Opn. No.

New York Attorney General Reports · Mar 5, 1990

Div. 1105 [2d Dept, 1955]; see also, Freundlich v Town Board of Southampton, 73 A.D.2d 684 , 685 [2d Dept, 1979]; Matter of Wesley Chapel, Inc. v Van Den Hende, 32 A.D.2d 565 [2d Dept, 1969]). … In Matter of Hill v Town of Elbridge Zoning Board of Appeals ( 112 A.D.2d 45 [4th Dept, 1985]), the Fourth Department found that a local law regulating mobile home parks was not a "zoning" regulation and was not subject to