Case law

Opn. No.

New York Attorney General Reports · Feb 21, 2007

Golden v. Clark , 76 N.Y.2d 618 , 626-27 (1990). … Roth v. Cuevas , 158 Misc. 2d at 250 .

Opn. No.

New York Attorney General Reports · Feb 16, 1977

In Robin v. … (See, e.g., Good Humor Corp . v. City of New York, 290 N.Y. 312 , 316-317 ; People v. Lewis, 295 N.Y. 42 , 51 ; Wholesale Laundry Bd. of Trade v. City of New York, 17 A.D.2d 327 , 330 , affd. 12 N.Y.2d 998 ; Kim v.

Informal Opinion No.

New York Attorney General Reports · Jul 6, 1983

officer or agency to employ an attorney or contract for legal services (see Seif v City of Long Beach, 286 N.Y. 382 [1941]; and Cahn v Town of Huntington, 29 N.Y.2d 451 [1972]). … ( Seif v City of Long Beach, supra, pp 386-387 ).

Informal Opinion No.

New York Attorney General Reports · Jan 9, 1987

It does not void the appointment of a former board member ( Matter of Valentin v Simon, 98 Misc.2d 5 [Sup Ct, Spec Term, New York Co, 1979]). … We conclude that an appointment voided by the rule established by Wood v Town of Whitehall cannot be remedied by the subsequent resignation of the appointee from the appointing body.

Informal Opinion No.

New York Attorney General Reports · Aug 22, 1985

In the past, some cases have treated off-street parking requirements as use restrictions ( Matter of Off Shore Restaurant Corp. v Linden, 30 N.Y.2d 160 , 168 [1972]; Matter of Murphy v Kraemer, 16 Misc.2d 374 [Sup Ct, Nassau … Co. v Delany, 28 N.Y.2d 449 , 453-454 [1971]).

Opn. No.

New York Attorney General Reports · Nov 22, 2002

Matter of Queensbury Ass'n v. Town Board of Town of Queensbury , 141 A.D.2d 997 , 998 (3d Dep't 1988). … See Olin v.

Opn. No.

New York Attorney General Reports · Feb 18, 1993

Mtr. of Zagoreos v Conklin, 109 A.D.2d 281 , 287 (2d Dept 1985); Mtr. of Conrad v Hinman, 122 Misc.2d 531 , 534 (Sup Ct, Onondaga Co, 1984). … .; Taxpayers' Association v Town Board, 69 A.D.2d 320 (2d Dept 1979).

Opn. No.

New York Attorney General Reports · Jul 21, 2003

Examining Board as well. … No. 93-36; see Matter of Zagoreos v. Conklin, 109 A.D.2d 281 , 287 (2d Dep't 1985); Matter of Conrad v. Hinman , 122 Misc.2d 531 , 534 (Sup.Ct. 1984).

Opn. No.

New York Attorney General Reports · Apr 27, 1977

In Robin v. … (See, also; 2 Kent, 295; People v. Collins, 7 J.R., 549; People v. Dean, 3 Wend., 438 ; People v. White, 24 id., 540 ; Morris v.

Informal Opinion No.

New York Attorney General Reports · Jul 6, 1983

Div. 786 (3d Dept, 1923) (cited in Macrum v Hawkins, 261 N.Y. 193 [1933], and in Matter of Brenner v Vines, 35 A.D.2d 536 [2d Dept, 1970]). … It does not void the appointment of a former board member (Matter of Valentin v Simon, 98 Misc.2d 5 [Sup Ct, Spec Term, New York Co, 1979]).

Opn. No.

New York Attorney General Reports · Aug 30, 1982

Game Room, Inc. v Zoning Board of Appeals of the Town of Huntington, 54 A.D.2d 764 [2d Dept, 1976]). … Law to a second board created by the town board in the absence of specific authority under the Town Law ( In the Matter of Sherman v Frazier, 84 A.D.2d 401 [2d Dept, 1982]).

Opn. No.

New York Attorney General Reports · Jul 2, 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. … See Matter of Smith v Dillon, 267 App. Div. 39 , 43 [3d Dept, 1943].) The Attorney General renders formal opinions only to officers and departments of the State government.

Informal Opinion No.

New York Attorney General Reports · Aug 19, 1988

v Hinman, 122 Misc.2d 531 , 534 [Sup Ct, Onondaga Co, 1984]). … The decisions of local boards have been set aside based upon judicial findings of conflicts of interests of board members participating in the decisions ( ibid.; Taxpayers' Association v Town Board, 69 A.D.2d 320 [2d Dept

Informal Opinion No.

New York Attorney General Reports · Sep 24, 1986

Dennis V. Tobolski, Esq. … Nyquist, 59 A.D.2d 434 , 436 [3d Dept, 1977], mot for lv to app den 44 N.Y.2d 645 [1978]; Edsall v Wheler, 29 A.D.2d 622 , 623 [4th Dept, 1967]).

Opn. No.

New York Attorney General Reports · Dec 27, 1983

A finding by the Board of a violation of Article 23-A must be supported by substantial evidence ( Matter of Cantor v New York State Racing and Wagering Board, 73 A.D.2d 544 [1st Dept, 1979]). … A determination of the Board denying a license must have a reasonable basis — that is, the action of the Board cannot be arbitrary or capricious ( Matter of Fink v Cole, supra ).

Opn. No.

New York Attorney General Reports · Jun 17, 1996

See , Kelley v. McGee , 57 N.Y.2d 522 (1982) (matters of State concern); Hotel Dorset Company v. Trust for Cultural Resources , 46 N.Y.2d 358 (1978) and Farrington v. … His appointments to the three boards could be rejected by the common council. See , Morin v. Foster , 45 N.Y.2d 287 (1978); Matter of Fogerty v. Warden , 191 Misc. 916 (Sup Ct Orange Co), affd , 273 App.

Informal Opinion No.

New York Attorney General Reports · Aug 27, 1986

Co. v Cord Meyer Development Co., 761 F.2d 141 [2d Cir, 1985]). … Generally, the payment by a municipality to an individual in the absence of a legal right of recovery is a violation of the constitutional prohibition against gifts and loans (NY Const, Art VIII , § 1 ; Warner v Board of

Opn. No.

New York Attorney General Reports · Jul 15, 2003

to the Hospital Board would be by the Town of Fine; and the Superintendent is not a member of either town's board. … See O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green , 58 N.Y. 295 , 304-305 (1874); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995).

Opn. No.

New York Attorney General Reports · Aug 16, 1994

A board may not base its determination on criteria other than those set forth in the statute. Matter of Apache Associates v Planning Board of the Village of Nyack, 131 A.D.2d 666 (2d Dept 1987). … Onge v Donovan, 71 N.Y.2d 507 , 514-517 (1988), where the Court concluded that conditions imposed on the grant of a variance must relate only to the use of the property that is the subject of the application without regard

Opn. No.

New York Attorney General Reports · May 22, 2008

As a creature of statute, the OTB, acting through the board of directors, lacks powers not granted to it by express or necessarily implicated legislative delegation. Abiele Contracting, Inc. v. … Town of Riverhead v. State Bd. of Real Prop. Servs. , 5 N.Y.3d 36 , 42-43 (2005), quoting Statutes § 240, 1 McKinney's Cons. Laws of N.Y. at 411-12 (1971).