Case law

Opn. No.

New York Attorney General Reports · Jun 24, 1998

Vehicle and Traffic Law §§ 1600 , 1604 ; People v. Grant , 306 N.Y. 258 (1954). … The Town Board may authorize the Police Department to enforce this speed limit. The Attorney General renders formal opinions only to officers and departments of State government.

Opn. No.

New York Attorney General Reports · Jan 6, 1993

Cole, Assistant Attorney General in Charge of Opinions You have inquired whether a town board may make the office of receiver of taxes a full-time position during the current term with an increase in salary to a full-time … This perforce is an informal and unofficial expression of the views of this office. 1 Compare Sacco v Maruca, 175 A.D.2d 578 (4th Dept. 1991), dealing with a reduction in the salary of an elected official during his term

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 · Jul 1, 1993

the Board's jurisdiction under the Disability Benefits Law and, if not, whether individual Red Cross chapters may voluntarily elect to be covered under the law. … See, Department of Employment v United States, 385 U.S. 355 , 358-60 (1966). We are not aware of any change in circumstances or in the governing law that would warrant a different conclusion now.

Opn. No.

New York Attorney General Reports · Apr 22, 1980

Matter of Iroquois Gas Corp. v Maltbe, 251 App. … Div. 528 [3d Dept, 1937], affd 279 N.Y. 575 [1938]; Arr-Em Plastering Corp. v 515 East 85th Street Corp., 21 A.D.2d 415 [1st Dept, 1964]; City of New York v LIRR, 44 N.Y.2d 827 [1978]).

Opn. No.

New York Attorney General Reports · Jul 14, 1978

In Rozler v. Franger ( 61 A.D.2d 46 [4th Dept, 1978]), the constitutionality of section 10 (1) (e) (3) of the Municipal Home Rule Law was upheld. … This philosophy of liberal construction and expansiveness which is to be accorded to laws relating to local governments in the administration of their local affairs was also articulated by the Court of Appeals in Resnick 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].

Opn. No.

New York Attorney General Reports · Jun 19, 1981

(See Goldblatt v. Town of Hempstead, 369 U.S. 590 , 594 [1962], affg Town of Hempstead v. Goldblatt, 9 N.Y.2d 101 [1962]; Lawton v. Steele, 152 U.S. 133 , 137 [1894], affg 119 N.Y. 226 [1890]). … You have stated that your town board has found that the problem of dogs running at large exists only in the hamlet of Cuyler, an area that is defined by reference to a sewer improvement area.

Opn. No.

New York Attorney General Reports · May 17, 1978

Corp . v Morris, 15 A.D.2d 373 , has revelancy. … In doing so, the Mayor did not deprive either the board or the Commissioner of their freedom of action or usurp their function. * * * "It must be recognized that it was the board which had the power to act and give weight

Opn. No.

New York Attorney General Reports · Sep 7, 1982

Thus, it seems clear that the position constitutes the individual's principal employment (see Smyth v United States Civil Service Commission, 291 F. … such action, the Board is required to order the withholding of a specified amount of federal loans or grants ( 5 U.S.C. § 1505 and 1506 ).

Opn. No.

New York Attorney General Reports · Jun 12, 1979

Specifically, you inquire as to whether or not the police power of the city extends to acts committed in or on school buildings and grounds and whether the power may be exercised without the consent of the board of education … Cf., People v Bunis, 9 N.Y.2d 1 , 4 .

Opn. No.

New York Attorney General Reports · Jan 21, 1998

(In that case the plans and specifications must be approved by the board of education, which is empowered to build, repair, reconstruct, enlarge and remodel school buildings. Id ., § 2512[4].) … Our opinion relied on Matter of Board of Education v. City of Buffalo , 32 A.D.2d 98 (4th Dept 1969).

Formal Opinion No.

New York Attorney General Reports · Jun 14, 1985

The fund is administered by a fifteen-member board of trustees, all of whom are appointed by the Governor (see Judiciary Law, § 497 ; State Finance Law, § 97-v ). … The American Bar Association report you ask us to comment on (American Bar Association Report to the Board of Governors, Advisory Board and Task Force, Interest on Lawyer Trust Accounts, July 26, 1982) also addresses several

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 · Mar 19, 1981

the people by petition which, if in proper form and signed by the appropriate number of residents, was required to be submitted by the village government to the voters of the village at a referendum ( Matter of Schwartz v … Chapter 985 of the Laws of 1974 (effective June 13, 1974) amended the Village Law by the addition, in Article 18, of sections 18-1820 through 18-1828 to allow a village board of trustees subject to permissive referendum,

Informal Opinion No.

New York Attorney General Reports · Jun 20, 1983

It has been decided that municipalities are not subject to zoning or building regulations in the performance of their governmental functions ( Oswald v Westchester Co. … Park Commission, 234 N.Y.S.2d 465 [S Ct, Westchester Co, 1962], affd 18 A.D.2d 1139 [2d Dept, 1963]; Village of Larchmont v Town of Mamaroneck, 239 N.Y. 551 [1924]; County of Westchester v Village of Mamaroneck, 22 A.D.2d

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).

Informal Opinion No.

New York Attorney General Reports · Aug 9, 1985

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 fire district secretary shall have such additional powers and perform such additional duties as the board of fire commissioners may determine, not inconsistent with law."

Opn. No.

New York Attorney General Reports · Dec 23, 2004

The District is administered by a Board appointed by the Governor. ECL § 15-2105 . … Thus, in Rill v. Chiarella, 50 Misc.2d 105 (Sup.Ct.

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