Case law

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 · 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 · Jun 2, 1981

a simple majority of the village board of trustees votes in favor of it. … The only decisions we have found which throw any light upon the legislative intent in such cases are Matter of Smidt v McKee, 262 N.Y. 373 (1933) and Herman v Village of East Hills, 104 N.Y.S.2d 592 (Sup Ct, Nassau Co., 1951

Opn. No.

New York Attorney General Reports · Jan 14, 1976

Ryan v. Greene, 58 N.Y. 295 (1874). … We do not feel that the possibility of such a conflict is so great that the individual would be disqualified from holding office on the town board.

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 · Apr 17, 1991

four members of the board of directors. … See, Niemczyk v Pawlak, 98 Misc.2d 532 , 536 (Sup Ct Erie Co 1977); 1982 Op Atty Gen (Inf) 32.

Informal Opinion No.

New York Attorney General Reports · Sep 24, 1986

As a general rule of statutory interpretation, those interpretations that render a statute meaningless or superfluous are to be avoided ( Rosado v Wyman, 397 U.S. 397 , 414-415 [1970]; Marsano v Laird, 412 F.2d 65 , 70 [2d … Those who are thus chosen by the town board can be said to be chosen by operation of the special legislative act.

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).

Opn. No.

New York Attorney General Reports · Mar 10, 1992

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 county director of real property tax services provides advisory services to city and town assessors and boards of assessment review. Real Property Tax Law § 1532 .

Opn. No.

New York Attorney General Reports · May 11, 1998

Goldman: You have asked whether the clerk treasurer of a village may also serve as a member of the board of trustees of another village. … 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 · May 24, 1977

This is in response to your letter of April 26, 1977, requesting an opinion of the Attorney General as to whether or not two members of the East Meadow Church of Christ, Inc., who have been temporarily designated by the Board … In Ravenal v.

Opn. No.

New York Attorney General Reports · Jun 27, 1979

Dennis V. … See, Matter of Wickham v Newkirk, 303 N.Y.S.2d 919 .

Opn. No.

New York Attorney General Reports · Feb 10, 2004

See, e.g. , Matter of Sheerin v. New York Fire Dept. Arts. 1 1B Pension Funds , 46 N.Y.2d 488 , 495-96 (1979); Matter of McKenzie v. … Employees Ass'n v. Board of Educ., Patchogue-Medford Union Free Sch. Dist. , 239 A.D.2d 415 , 416 (2d Dep't 1997); Matter of Devens v. Gokey , 12 A.D.2d 135 , 137 (4th Dep't), aff'd 10 N.Y.2d 898 (1961).

Informal Opinion No.

New York Attorney General Reports · Oct 29, 1987

Sometime during this hold-over period, the mayor appointed and the board of trustees confirmed a person to serve as deputy building inspector, a position separate and distinct from building inspector. … Glenzer, 126 A.D.2d 937 [4th Dept, 1987]; Ewell v Robson, 278 N.Y. 585 [1938]).

Opn. No.

New York Attorney General Reports · Mar 10, 1997

In responding to your inquiry, we start with Town Law provisions which provide that the town board of any town may establish the office of town attorney. Town Law § 20 (2)(a). … Municipal Home Rule Law § 22 (1); Kamhi v. Town of Yorktown , 74 N.Y.2d 423 (1989).

Informal Opinion No.

New York Attorney General Reports · Aug 17, 1988

Pursuant to authorization from the county board, the district attorney may appoint assistant district attorneys and assign them particular duties ( id., § 702 [1], [2]). … Board of Educ. of Great Neck Union Free School Dist., 129 A.D.2d 659 , 660 [2d Dept, 1987]; Matter of Fox v Shapiro, 84 Misc.2d 223 , 225 [Sup Ct, Orange Co, 1975]; Code of Professional Responsibility, DR 5-101).

Opn. No.

New York Attorney General Reports · Dec 31, 1982

Edward V. … charges under Board Interpretation 12 C.F.R. § 226.401 (Unofficial Staff Interpretation No. 1296 of Regulation Z [Truth in Lending], Board of Governors of the Federal Reserve System).

Opn. No.

New York Attorney General Reports · May 13, 1992

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. … You have informed us that the police department of the city is under the general control and management of the board of police commissioners.

Opn. No.

New York Attorney General Reports · Aug 5, 1976

wherein you ask for an opinion of the Attorney General whether or not you as the Corporation Counsel of the City of Port Jervis or an Assistant Corporation Counsel of the City of Newburgh may simultaneously serve on the Board … Ryan v.

Opn. No.

New York Attorney General Reports · Apr 7, 1975

inquiry concerning the authority of the Village of Westfield to enact a local law providing an exemption from village taxes and special ad valorem taxes for business facilities certified by the New York State Job Incentive Board … Thus, unless authorized by State statute, a municipality has no power to adopt a local law in regard to real property tax exemptions (see London v. Wagner, 22 Misc.2d 360 , affd. 13 A.D.2d 479 , affd. 11 N.Y.2d 762 ).