Case law

Opn. No.

New York Attorney General Reports · Nov 13, 1990

It seems clear in this State that an abstention is not to be considered as an affirmative vote in favor of a resolution ( Matter of Squicciarini v Planning Board of the Town of Chester, 48 A.D.2d 687 [2d Dept, 1975]; Rockland … Woods v Village of Suffern, 40 A.D.2d 385 [2d Dept, 1973]).

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.

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 · 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 · Jan 14, 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 are not aware of any constitutional or statutory prohibition against holding the offices of member of the board of a central school district and county legislator.

Informal Opinion No.

New York Attorney General Reports · Sep 12, 1983

Town Attorney, Rochester You have asked whether one person may hold simultaneously the positions of assessor and clerk to the board of assessors. … 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 · Oct 16, 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. … The supervisor of a town is a member of the town board, which is the legislative body of town government. Town Law § 64 .

Opn. No.

New York Attorney General Reports · Mar 19, 1998

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 functions of the Board of Commissioners are limited to approval of the contract with the City of Oneonta and approval of a budget which reflects primarily the cost of the contract.

Informal Opinion No.

New York Attorney General Reports · Feb 2, 1988

The town board may establish the office of town attorney (Town Law, § 20 [2]). Every town officer at the time of his appointment and throughout his term of office is required to be a resident of the town ( id., § 23). … v Town of New Windsor, 106 Misc.2d 223 [Sup Ct, Orange Co, 1980]).

Opn. No.

New York Attorney General Reports · Sep 29, 1977

Ryan v Green, 58 N.Y. 295 (1874). … The County Board of Supervisors and, in those counties where such board has been superseded by another county legislative body, such as in Dutchess County, the legislative body, is required to fix the amount of compensation

Opn. No.

New York Attorney General Reports · Jun 1, 1977

In order to promote such program the Town Board is considering the offering of a bounty to any person who discloses a litterer to the Town. … City of Newton ( 134 Mass. 476 ); Cornell v. Town of Guilford ( 1 Denio, 510 ); Board of Supervisors v. Ellis, ( 59 N.Y. 620 )." Also, in Seaman v.

Opn. No.

New York Attorney General Reports · Jul 25, 2006

E.g., Matter of Stork v. Bd. of Trustees of Vill. of Medina, 179 A.D.2d 1058 , 1058 (4 th Dep't 1992); Matter of Lake v. Binghamton Housing Authority, 130 A.D.2d 913 , 914 (3d Dep't 1987). … Matter of Haller v. Carlson, 42 A.D.2d 829 , 829 (4 th Dep't 1973).

Opn. No.

New York Attorney General Reports · Jun 5, 1980

You also point out that the authorization states that they mayor "may appoint" the board of appeals. … (See Resnick v County of Ulster, 44 N.Y.2d 279 , 286 [1978].)

Informal Opinion No.

New York Attorney General Reports · Nov 10, 1983

violations defined by the Vehicle and Traffic Law, except parking violations, and serve as a notice to a person to appear in a specific court on a given day to be charged with an offense (Vehicle and Traffic Law, § 207 ; People v … Thus, if as the employer of constables, the town board includes among their duties the responsibility for enforcement of violations of the Vehicle and Traffic Law, they will be authorized to issue uniform traffic tickets

Opn. No.

New York Attorney General Reports · Jul 21, 1981

You also point out that if this recreational activity may be sponsored, the town board will establish necessary and proper regulations governing the sport. … (See Rivet v Burdick, 255 App. Div. 131 [4th Dept, 1938].)

Opn. No.

New York Attorney General Reports · Nov 5, 1997

Golden v. Clark , 76 N.Y.2d at 624 . The Court discussed its prior decision in Matter of Rosenstack v. … Golden v. Clark , 76 N.Y.2d at 624 . The Court in Golden found no basis for distinguishing the position of school board member, reviewed in Rosenstack , from offices of other municipal corporations. Golden v.

Opn. No.

New York Attorney General Reports · Dec 2, 1977

(See, e.g., People v Schildhaus, 4 N.Y.2d 883 [1958]; People v Van Sickle, 13 N.Y.2d 61 [1963]; People v Czajka, 11 N.Y.2d 253 [1962].) … Davies v Cowles, 13 N.Y. 350 [1856]; Cathcart v The Fire Department of the City of New York, 26 N.Y. 529 [1863].)

Opn. No.

New York Attorney General Reports · Mar 15, 1982

Each community college, except in the City of New York, is administered by a board of trustees of ten members ( id., § 6306[1]). … One student member is elected annually by the students of the college and serves as a non-voting member of the board ( ibid .).

Opn. No.

New York Attorney General Reports · Jul 13, 1977

JOHN V. … The board of supervisors may delegate to such chairman the power to: * * * (d) execute and deliver documents and contracts authorized by such board * * *."

Informal Opinion No.

New York Attorney General Reports · Dec 4, 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 town clerk presents claims to the town board for audit ( id., § 119[1]).