Case law

Opn. No.

New York Attorney General Reports · Oct 31, 1997

It is clear that the position of member of the Board of Trustees of the State University of New York (SUNY) is a public office. … Matter of McDonald v. Orday , 219 N.Y. 328 , 332 (1916); Haller v. Carlson , 42 A.D.2d at 830 .

Opn. No.

New York Attorney General Reports · Nov 8, 1976

Insofar as the amount of any deduction is concerned, Feinberg v. … Board of Education of the City of New York, 74 Misc.2d 371 (Sup.Ct., Kings County [1973]) held that the New York City Board of Education could not withhold all of the earnings of a teacher on the asserted ground that vacation

Opn. No.

New York Attorney General Reports · Dec 23, 1982

Your counsel's letter refers to a Court of Appeals decision dealing with the question of State negligence for the acts of panel physicians of the Commission ( Rosensweig v State of New York, 5 N.Y.2d 404 [1959]). … Although the indicia of employment are the power to hire and fire, the payment of salary and the power to control the employee, only the last one is essential to a finding of employment ( Hardy v Murphy, 29 A.D.2d 1038 [3d

Informal Opinion No.

New York Attorney General Reports · Mar 21, 1985

Anthony V. Barbiero, Esq. … Matter of Acker v Board of Fire Commissioners, 25 A.D.2d 282 [2d Dept, 1966]).

Opn. No.

New York Attorney General Reports · Jul 3, 1995

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 village board of trustees serves as the village's legislative body. The board of trustees are elective officers. Village Law § 3-301 (3). With exceptions not relevant here, the coroner is an elective position.

Opn. No.

New York Attorney General Reports · Sep 26, 1991

Potskowski, Esq., Town Attorney Town of Moriah 15 Broad Street Port Henry, New York 12974 Written by: Patrick Barnett-Mulligan, Assistant Attorney General You have asked whether a town board member may also be employed by … 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 · Aug 4, 1992

or similar body, a majority of the whole number of such persons or officers, at a meeting duly held at a time fixed by law, or by any by-law duly adopted by such board or body, or at any duly adjourned meeting of such meeting … See, e.g., Matter of Amity Holding Corporation v Eden, 238 A.D. 628 (2d Dept 1933). This purpose is fulfilled through a meeting whereby the members can freely discuss issues, deliberate and make decisions as a body.

Opn. No.

New York Attorney General Reports · Dec 12, 1979

of testimony, and the testimony of expert witnesses (Ron Brown, "Electronics Courts the Law", New Scientist, April 6, 1972, pp 26-27). … People v Hilderbrandt, 308 N.Y. 397 (1955).

Informal Opinion No.

New York Attorney General Reports · Dec 1, 1986

The term "highways", as used here in its general meaning, includes streets within a village which may have an urban character ( Brace v New York Central Railroad Company, 27 N.Y. 269 , 271 [1863]; 26 N Y Jur, Highways, Streets … Section 115-b of the Highway Law gives the county board of supervisors the power to remove, by resolution, a road or part of a road from the county road system.

Opn. No.

New York Attorney General Reports · May 24, 1982

Vehicle and Traffic Law, § 1662-a permits town boards in certain towns to establish a speed limit lower than the fifty-five miles per hour maximum statutory limit, but not less than twenty-five miles per hour on or along … Co. v Hoover, 214 N.Y. 236 (1915).

Opn. No.

New York Attorney General Reports · Mar 5, 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. … If a town or village attorney found himself initiating an action against a person he once defended, he could request the town or village board to engage special counsel.

Opn. No.

New York Attorney General Reports · Aug 9, 2005

See Kahmi v. Town of Yorktown, 74 N.Y.2d 423 , 432-33 (1989); Cohen v. Board of Appeals of Village of Saddle Rock, 100 N.Y.2d 395 , 400 (2003) (village supersession authority). … Cohen v.

Opn. No.

New York Attorney General Reports · Mar 20, 2007

Public Authorities Law § 2897 (6)(c)(v) (emphasis added). … See Public Authorities Law § 2897 (6)(c)(v).

Formal Opinion No.

New York Attorney General Reports · Nov 22, 1985

of Sontag v Bronstein, 33 N.Y.2d at 201 ; see also, Betsey v Turtle Creek Associates, 736 F.2d at 988 ; Resident Advisory Board v Rizzo, 564 F.2d 126 , 149 [3d Cir, 1977]; United States v City of Black Jack, 508 F.2d 1179 … Supp. 513 , 518 [SDNY, 1974], quoting from Scales v United States, 367 U.S. 203 [1961]). Accord, Knox v Christian, 96 A.D.2d 490 (1st Dept, 1983); Hines v N.Y.C. Housing Authority, 67 A.D.2d 1000 (2d Dept, 1979).

Formal Opinion No.

New York Attorney General Reports · Aug 22, 1985

Martin Secretary Board of Commissioners of Pilots Some time ago on behalf of the Board of Commissioners of Pilots, you requested an opinion of the Attorney General concerning the authority of New York State and Rhode Island … That case, United States v Maine ( 105 S Ct 992 [1985]), has been decided and you have renewed your request for our opinion.

Informal Opinion No.

New York Attorney General Reports · Mar 19, 1986

General Powers of the board of trustees. … Cars randomly parked on the lawns of residences, besides creating safety hazards, may also create an unfavorable appearance that the village could legitimately wish to discourage (see City Council of Los Angeles v Vincent

Opn. No.

New York Attorney General Reports · Apr 25, 1991

Under section 209-e (3) of the Town Law, a resolution by a town board to establish or extend an improvement district is subject to a permissive referendum. … The 1977 opinion of this office was based on the decision of the Court of Appeals in Matter of Wright v Town Board of Town of Carlton, 41 A.D.2d 290 (4th Dept 1973), affd, 33 N.Y.2d 977 .

Opn. No.

New York Attorney General Reports · May 1, 1979

In fact, although the Court of Appeals had avoided deciding the issue ( Group House of Port Washington v Board of Zoning of North Hempstead, 45 N.Y.2d 266 [1978]), several lower court cases went so far as to say that the … State had preempted the field and the group homes could be established in total disregard of local laws and ordinances ( Group House of Port Washington v Zoning Board of Appeals of North Hempstead, 55 A.D.2d 636 [2d Dept,

Opn. No.

New York Attorney General Reports · Jun 24, 1976

Upon receiving the bill, you filed a claim with the Town Board for reimbursement. However, the Town Board has denied your claim, contending that defendants are not authorized to make such long distance calls. … Kehoe v.

Opn. No.

New York Attorney General Reports · Apr 7, 1978

See Murtha v. … In this instance, we have examined the history of horse racing in this State (see, e.g., Murtha v.