Case law

Opn. No.

New York Attorney General Reports · Jan 24, 1991

Matter of Kelley v McGee, 57 N.Y.2d 522 (1982). … Matter of Castree v Slingerland, supra, p 634 .

Opn. No.

New York Attorney General Reports · Dec 31, 1991

Springer v Whalen 68 A.D.2d 1011 (3d Dept 1979). … Belmar v New York City Board of Education, et ano., 122 A.D.2d 478 (3d Dept 1989); See, also, People v Honeckman, 87 Misc.2d 117 (NY Co Sup Ct 1976); People v Honeckman, 120 Misc.2d 1000 (NY Co Sup Ct 1984); Pisano v McKenna

Opn. No.

New York Attorney General Reports · Aug 20, 1976

In Elfvin v. … Board of Contract and Supply of the City of Utica, 60 Misc.2d 22 , 25 [Supreme Court, Oneida County]).

Opn. No.

New York Attorney General Reports · May 20, 1982

of trustees to determine by resolution to change the month of an election, a matter which under section 9-912 of the Village Law must be approved by the village electors ( Matter of Etelson v Jacaruso, 80 Misc.2d 685 , 688 … We believe that the change may be accomplished by resolution of the village board of trustees (Election Law, § 15-104 [1][b]).

Opn. No.

New York Attorney General Reports · Jan 17, 1978

the town board. … Ryan v Green ( 58 N.Y. 295 ), two public offices are deemed incompatible when their functions are inconsistent such that one person could not faithfully and impartially discharge the duties of both.

Opn. No.

New York Attorney General Reports · Jun 29, 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 assume, however, that in the event the corporation should contemplate entering into some contractual or other relationship with the village which would involve the village board (Village Law, § 1-102 ), the trustee/board

Opn. No.

New York Attorney General Reports · Aug 30, 1991

Consolidated Edison v Town of Red Hook, supra; Wholesale Laundry Board v City of New York, supra; People v DeJesus, 54 N.Y.2d 465 (1981); People v Cook, supra; Robin v Incorporated Village of Hempstead, 30 N.Y.2d 347 (1972 … Wholesale Laundry Board v City of New York, supra; People v Cook, supra .

Opn. No.

New York Attorney General Reports · Apr 11, 1977

Village Attorney, Bellerose This is in response to your recent letter requesting an opinion of the Attorney General as to whether or not the Board of Trustees of the Village of Bellerose may waive the requirements of section … conflict between statutory provisions must be resolved by holding that the later enacted statute impliedly repealed the earlier one insofar as they are inconsistent, with the result that the later one is controlling ( Abate v.

Opn. No.

New York Attorney General Reports · Jan 17, 1977

The request points out that a County Social Services Commissioner is appointed by either the County Board of Supervisors or the County Executive. … of Social Welfare v.

Opn. No.

New York Attorney General Reports · Jul 2, 1979

In regard to the Taconic State Park Commission, it was explicitly held in Anderson v Taconic State Park Commission et al, 262 App. … Browne, 217 App. Div. 624 ). It comes fairly with the power of control and management of the parkway by the Commission". See also 1944 Opn Atty Gen 305.

Opn. No.

New York Attorney General Reports · Jul 23, 1982

(p 173) * * * "Since, then, the changing of the ward boundary lines affects neither the mode of selection of the Erie County Board of Supervisors, nor the mode of selection of the members of the City Council, the local laws … (p 175) See, also, Neils v City of Yonkers, 38 Misc.2d 691 (Sup Ct, Westchester Co, 1962); Brairton v Gillette, 40 Misc.2d 1009 (Sup Ct, Monroe Co, 1963), affd without opn 23 A.D.2d 537 (4th Dept, 1965); Barzelay v Board

Opn. No.

New York Attorney General Reports · Dec 29, 1976

Ryan v. Green, 58 N.Y. 295 [1874]). … Board of Supervisors of Monroe County, 24 Misc.2d 310 [Sup. Ct., Monroe Co., 1960]).

Opn. No.

New York Attorney General Reports · Mar 1, 1978

of similar body, a majority of the whole number of such persons or officers, at a meeting duly held at a time fixed by law, or by any by-law duly adopted by such board or body, or at any duly adjourned meeting of such meeting … Generally, statutes are to be construed in accordance with the General Construction Law unless a different meaning is clearly indicated. ( Southbridge Finishing Co . v. Golding, 2 A.D.2d 430 [1st Dept., 1956].)

Opn. No.

New York Attorney General Reports · Jun 10, 1991

The county board of supervisors is the legislative and administrative arm of county government. … We conclude that the positions of member of a county board of supervisors and dispatcher in the county sheriff's department are incompatible.

Opn. No.

New York Attorney General Reports · May 25, 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. … That officer is charged with a number of duties normally carried out by the town board or the town supervisor (Town Law, § 34 ).

Opn. No.

New York Attorney General Reports · Feb 23, 1978

A town may grant a license or concession for the operation of a service which might properly be operated in a park ( Miller v City of New York, 15 N.Y.2d 34 [1964]). … Town Law, § 64 , subdivisions 2 and 3, grant to the town board the powers to manage and control town property for town purposes.

Opn. No.

New York Attorney General Reports · Jan 29, 1976

It has been held particularly that a board of supervisors cannot appoint one of its members as an attorney to represent the county; that such appointment is contrary to good morals and public policy ( Beebe v. … Shirey v. Pearson, 121 Misc. 26 , affd. 207 App. Div. 888 ). In Wood v.

Opn. No.

New York Attorney General Reports · Apr 20, 1976

. * * *" Pursuant to Town Law, § 31 (2), a town justice in a town of the second class serves as a member of the town board. … In any event, a spouse's ownership of stock in a corporation holding a liquor license is not the type of interest prohibited by section 128 ( Sanspar Restaurant Corp . v. Ring, 65 Misc.2d 847 , affd. 39 A.D.2d 595 ).

Opn. No.

New York Attorney General Reports · Jul 9, 1982

Board of Appeals of Town of Somers, 146 N.Y.S.2d 125 [Sup Ct, Westchester Co, 1955]; People v Benincasa, 63 Misc.2d 648 [Vill Ct, Nassau Co, 1970]; Kraushaar v Zion, et al., 188 Misc. 851 [Sup Ct, Kings Co, 1946]). … v Zion, et al., supra ).

Opn. No.

New York Attorney General Reports · May 17, 1979

receipt of opinion requests from Mayor Gumtow and Village Clerk Santulli, in which you joined in a telephone conversation, inquiring whether in your village (a village having less than three thousand population) the village board … Stalter v Lynch, 219 App.