Case law

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 · 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 · Nov 3, 1976

See Colorado Anti-Discrimination Commission v Continental Airlines, Inc., 372 U.S. 714 (1963). … Matter of American Jewish Congress v Carter, 23 Misc.2d 446 (Sup.Ct., N.Y. Co., 1959), modified on other grounds 10 A.D.2d 833 (1st Dept., 1960), aff'd 9 N.Y.2d 223 (1961).

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).

Opn. No.

New York Attorney General Reports · Sep 22, 1995

Corp. v County of Suffolk , 583 F. Supp. 1364 (D.C. N Y 1984); Wholesale Laundry Bd. v City of New York , supra ; Op Atty Gen (Inf) 83-57. … Dougal v Suffolk County , 102 A.D.2d 531 (2d Dept 1984), affd , 65 N.Y.2d 668 (1985); Incorporated Village of Nyack v Daytop Village Inc ., 78 N.Y.2d 500 (1991); People v DeJesus , 54 N.Y.2d 465 (1981).

Opn. No.

New York Attorney General Reports · Dec 29, 1982

The board of trustees of a savings bank serves in the role of trustee of the funds of the bank's depositors ( Hun v Cary, et al., 82 N.Y. 65 , 70 [1880]). … The board of trustees manage and control all the affairs of the savings bank ( id., § 246[1][a]).

Opn. No.

New York Attorney General Reports · Jul 20, 1978

The County officers were appointed on January 2, 1978 by the County Board of Supervisors, which Board will leave office on December 31, 1979. … The decision in Nydick v Suffolk County Legislature, 81 Misc.2d 786 (Special Term, Suffolk County, 1975), affd 47 A.D.2d 241 , affd 36 N.Y.2d 951 , states that the provisions of the Suffolk County Charter have precedence

Opn. No.

New York Attorney General Reports · Jun 30, 1981

Board of Education, 1 A.D.2d 362 [3d Dept, 1956] affd 3 N.Y.2d 871 [1957]; Matter of Cleveland v American Mgt. … The amount of reimbursement to the employer is limited to the disability benefits payable for the period ( Matter of Lynch v Board of Education, supra ).

Opn. No.

New York Attorney General Reports · Mar 30, 1981

Special Counsel to Town Board Town of Southampton As special counsel to the town board of the Town of Southhampton, you have asked whether the State Legislature has the authority to pass a special act to enable the Town of … See Matter of Cassese v Katz, 26 A.D.2d 248 [1st Dept, 1966] affd 18 N.Y.2d 694 ; Hacker v Common Council of the City of Ithaca, 49 Misc.2d 69 [Sup Ct, Tompkins Co, 1966]; 1976 Op Atty Gen 201.)

Opn. No.

New York Attorney General Reports · Nov 30, 1981

It is clear from the language of section 45 that the certification requirement applies to a person who both pursues the trade of plumber and is engaged in the trade as an employing or master plumber ( People v O'Connell, … We conclude that a homeowner doing plumbing work in his home need not obtain a certificate of competency from the examining board of plumbers of a city.

Opn. No.

New York Attorney General Reports · Aug 24, 1979

Board of Elections We acknowledge receipt of your request for an opinion whether a referendum on Steuben County Local Law No. 4 for the year 1979, which would amend Steuben County Local Law No. 1 for the year 1966, is a mandatory … Its representation plan was adopted by Local Law No. 1 for the year 1966 as a result of the judgment in a reapportionment action ( Buisch, et ano. v Steuben County, et al .) in which the judgment created the authority and

Opn. No.

New York Attorney General Reports · Jul 1, 1981

The said supervisors shall have the same powers and duties as the supervisors in the towns of the county of Oswego, except as otherwise provided by this act, and shall be members of the board of supervisors of the county … (A good example of the balancing of home rule powers between municipalities is found in Klan v County of Suffolk, 44 Misc.2d 351 [Sup Ct, Suffolk Co, 1964], affd 22 A.D.2d 708 [2d Dept, 1964]).

Opn. No.

New York Attorney General Reports · Jul 27, 1978

Cocozziello Counsel New York State Racing and Wagering Board This is in reply to your letter of June 21, 1978, in which you request my opinion concerning an interpretation of the effect of an amendment to General Municipal … The interpretation and application of an amendment to a statute was most recently considered by the New York State Court of Appeals in Beary v. City of Rye ( 44 N.Y.2d 398 [1978]).

Opn. No.

New York Attorney General Reports · Jul 30, 1976

Town Attorney, Hunter We acknowledge receipt of your letter stating that your town board is contemplating establishment of a sewer district under the provisions of Town Law, Article 12-A (§§ 209 -209-h), and in which you … The portion of the statute quoted above was challenged in court in Matter of Wright, et al . v. Town Board of the Town of Carlton, et al., 41 A.D.2d 290 aff'd. 33 N.Y.2d 977 (1973).

Opn. No.

New York Attorney General Reports · Nov 3, 1976

See Colorado Anti-Discrimination Commission v. Continental Airlines, Inc., 372 U.S. 714 (1963). … Matter of American Jewish Congress v. Carter, 23 Misc.2d 446 (Sup.Ct., N.Y. Co., 1959), modified on other grounds 10 A.D.2d 833 (1st Dept., 1960), aff'd 9 N.Y.2d 223 (1961).

Opn. No.

New York Attorney General Reports · Jun 18, 1999

(v) Purchasing accessory equipment . . . (vi) Renovating, rehabilitating or repairing facilities that house firefighting equipment, ambulances, rescue vehicles and related equipment . . . … For that purpose, the town board was permitted to contract with a city, village, fire district or incorporated fire company.

Opn. No.

New York Attorney General Reports · Jun 23, 1980

Brooklyn Union Gas Co. v New York State Human Rights Appeal Board, 41 N.Y.2d 84 (1976); see also Westinghouse Electric Co. v New York State Human Rights Appeal Board, 60 A.D.2d 943 , 401 N.Y.S.2d 597 (3d Dept), app dsmd, … Javier v Netumar Inc., 58 A.D.2d 912 , 396 N.Y.S.2d 496 (3d Dept, 1977); NYS Dept. of Civil Service v NYSHRAB, 66 A.D.2d 309 , 414 N.Y.S.2d 46 (3d Dept, 1979); Shagman v R.H.

Opn. No.

New York Attorney General Reports · Sep 14, 1979

Upon the adoption of a resolution, the town board of any town may, for the purpose of drainage and to protect the property within the town from floods, freshets, and high waters, construct drains, culverts, ditches, sluices … The Secretary of State of the State of New York has been delegated certain powers and duties in municipal cooperative activity as illustrated in part by the following excerpt from provisions of section 119-v of the General

Opn. No.

New York Attorney General Reports · Jun 25, 1976

Environmental Conservation Law § 3-0301 (1) (v), together with § 3-0113, authorizes the Commissioner to publish The New York State Conservationist and The Environment . … Section 121 (4) of the State Finance Law provides in part: "Every state officer, employee, department, institution, commission, board, school and every officer, employee, department, institution, commission, board and school

Opn. No.

New York Attorney General Reports · Apr 25, 1978

The Missouri Court of Appeals in Kansas City v Fee, 174 Mo App 501 , 160 S.W. 537 made a succinct exposition of how untenable would be the situation which would arise were this proposition of school property immunity to be … Carmody v City of Elmira, 160 Misc. 916 , 917 ; 290 NYS 1021 , 1022 holds that "[p]arties aggrieved by the violation of an ordinance may file a complaint and cause a warrant to be issued."