Case law

Informal Opinion No.

New York Attorney General Reports · Aug 9, 1985

concern and is a governmental function exclusively within the power of the State as sovereign, except to the extent the Legislature has delegated such powers to political subdivisions and municipal corporations ( People v … Accordingly, we conclude that a village board may authorize the issuance of appearance tickets to enforce traffic regulations.

Opn. No.

New York Attorney General Reports · Feb 3, 1977

Blackburn v. Barton, 63 App. Div. 581 ). … Mizpah Lodge v. Burke, 228 N.Y. 245 ).

Opn. No.

New York Attorney General Reports · Aug 15, 1977

relative to police matters conferred upon the town board. … In Seaman v Fedourich, 16 N.Y.2d 94 (1965), Judge Fuld stated: "It is axiomatic that local governmental units are creatures of, and exercise only those powers delegated to them by, the State (N.Y. Const., art.

Opn. No.

New York Attorney General Reports · Nov 15, 1976

In Matter of Courtney Bell v. … Corp.], 18 N.Y.2d 114 ; Matter of New York Post Corp . v Moses, 10 N.Y.2d 199 ; Matter of Smith v Levitt, 37 A.D.2d 418 ; Goodman v City of New York, 46 Misc.2d 432 ; Ciulla v State of New York, 191 Misc 528 )."

Informal Opinion No.

New York Attorney General Reports · Sep 26, 1983

Village of Port Jefferson v Consolidated Petroleum Terminal, Inc., supra; People v Anton, supra ). … The consent of the town board is required where the dock will extend into the town ( ibid .).

Opn. No.

New York Attorney General Reports · Apr 12, 1976

JOHN V. SIMON County Attorney, Niagara County This is in response to the letter of Miles A. … The board of supervisors of each county shall appoint a resident attorney-at-law as county attorney for the term of office for which the then members of such board were elected . * * *" (Emphasis supplied.)

Opn. No.

New York Attorney General Reports · Mar 23, 1976

In this context, local governing boards are vested only with such powers as are conferred upon them by statute (citation omitted)." People v. Grant, 306 N.Y. 258 at p. 260 (1954). … Village Law § 6-612 authorizes the board of trustees, by resolution, to discontinue a village street.

Opn. No.

New York Attorney General Reports · Jul 27, 1979

Thus, the President and Vice-President of a Regional Off-Track Betting Corporation, who are appointed by the Board of Directors of the Corporation, serve at the pleasure of the Board, but no longer. … Therefore, a contract for a fixed term may not validly be made (see Edsall v Wheler, 29 A.D.2d 622 [4th Dept, 1967]).

Opn. No.

New York Attorney General Reports · Oct 14, 1999

Hardy v. Murphy , 29 A.D.2d 1038 (3d Dept 1968); Peer v. Babcock , 230 N.Y. 106 (1920). … You are aware that a local law providing for defense and indemnification must be prospective in operation ( Corning v.

Opn. No.

New York Attorney General Reports · Jul 28, 1980

Subdivision 2 allows the village board, by resolution, to increase or diminish the number of polling places from year to year. … In People v Grant, 306 N.Y. 258 (1954), it was stated at page 260: "Streets pertain to the exercise of a governmental function [citations omitted].

Informal Opinion No.

New York Attorney General Reports · Jan 9, 1987

The owner of the land in writing must dedicate the street to the village for a public street and the village board of trustees by resolution must accept the dedication ( ibid .). … Alternatively, a village may require that privately owned streets be maintained by their owners in accordance with reasonable standards ( see De'Angelo v Cole, 67 N.Y.2d 65 [1980]; Municipal Home Rule Law, § 10 [1][ii][a]

Untitled New York Attorney General Opinion

New York Attorney General Reports · Dec 18, 2017

Ryan v. Green, 58 N.Y. 295, 304 (1874). … Id. at 304-05; see also O’Malley v. Macejka, 44 N.Y.2d 530, 535 (1978).

Opn. No.

New York Attorney General Reports · Jun 20, 1990

At the time of this annexation, the Clarkstown town board took no action with respect to the boundaries of the fire district. … A fire district is required to furnish fire protection services to all property within its boundaries ( Fallica v Town of Broadhaven, et al., 69 A.D.2d 579 [2d Dept, 1979], mod on other grnds 52 N.Y.2d 794 [1980]; 1983 Op

Opn. No.

New York Attorney General Reports · Mar 25, 1977

(New York State Constitution, Article XVI, § 1; Matter of London v. Wagner, 22 Misc.2d 360 , 363 ; see also 1975 Op. Atty. Gen. 225.) … Co. of Nassau, 18 N.Y.2d 30 , 37 ; County Securities v. Seaford, 278 N.Y. 34 , 37 ). Accordingly, we are of the opinion the St.

Opn. No.

New York Attorney General Reports · Nov 1, 1976

Your attention is called to Western Regional Off-Track Betting Corporation v. … To quote in part from Conners v. N.Y.S.

Opn. No.

New York Attorney General Reports · May 14, 1992

.; De'Angelo v Cole, 67 N.Y.2d 65 (1980). The town board is authorized to determine the location of the town clerk's office within the town. 1978 Op Atty Gen (Inf) 130. … Thus, the board can locate the office to facilitate accessibility to the public. We conclude that a municipality may not expend public funds to improve and maintain a private road.

Opn. No.

New York Attorney General Reports · Jun 3, 1976

Van Deren v. Moore, 78 App. Div. 28 , (4th Dept., 1902). … See Application of Beaver, 16 N.Y.S.2d 675 at 676, Supreme Court, Westchester County (1945) and Stearns v. Tew, 6 Misc. 404 , 407 , Supreme Court, Erie County (1894).

Opn. No.

New York Attorney General Reports · Sep 19, 1996

People v. Van Sickle , 13 N.Y.2d 61 (1963); People v. Czajka , 11 N.Y.2d 253 (1962). … People v. Van Sickle , supra ; People v Czajka , supra ; 1979 Op Atty Gen 28.

Opn. No.

New York Attorney General Reports · Apr 14, 1980

Codes of ethics are required of each municipal government, and boards of ethics are authorized in each municipal government by General Municipal Law Article 18 (§§ 800-809).) … Ryan v Green, 58 N.Y. 295 (1874), which provides: "The force of the word, in its application to this matter is, that from the nature and relations to each other, of the two places, they ought not to be held by the same person

Informal Opinion No.

New York Attorney General Reports · Mar 24, 1983

A town board may establish the office of deputy superintendent of highways, and thereafter its occupant is appointed by, and serves at the pleasure of the superintendent of highways ( id., § 32[2]). … superintendent of highways and the deputy superintendent are town officers, whose compensation is a general town charge to be assessed and levied against all nonexempt real property in the town (Town Law, § 116 ; Matter of Flike v