Case law

Opn. No.

New York Attorney General Reports · Dec 10, 1980

The Board of Trustees of the Village of Babylon could, however, request a special act giving it authority to raise funds to repair the facade. … O'Dwyer, 302 N.Y. 451 , 458 [1951]; Hotel Dorset v Cultural Resources, supra ; Yonkers Community Development Agency v Morris, supra ; Murphy v Erie County, supra ).

Opn. No.

New York Attorney General Reports · Nov 3, 1998

While a certificate of relief from disabilities removes all statutory disabilities and bars, it does not "in any way prevent any judicial, administrative, licensing or other body, board or authority from relying upon the … Op Atty Gen No. 91-F10 (citing, Springer v. Whalen , 68 A.D.2d 1011 [3d Dept], lv denied , 47 N.Y.2d 710 [1979]; Belmar v.

Opn. No.

New York Attorney General Reports · Dec 14, 1977

In Gertum v Board of Supervisors, 109 N.Y. 170 (1888) it was held that the office of justice of the peace (now termed town justice) may be abolished after election but prior to the commencement of the term of the justice-elect … board of trustees passed a resolution on December 28, 1939, to abolish the office, the resolution was effective, the office was abolished and the police justice-elect had no right to the office.

Opn. No.

New York Attorney General Reports · Apr 20, 1993

See, People v Shedrick, 66 N.Y.2d 1015 , 1017 (1985), where the Court of Appeals concluded that Article 16 contains "no unequivocal requirement that juries be drawn from a pool of residents from throughout the entire county … The Court noted that in 1904 the county board of supervisors had divided the county into three jury districts pursuant to State legislation that explicitly provided the board with such power.

Opn. No.

New York Attorney General Reports · Dec 28, 2000

Board of Governors of Fed. Reserve Sys. v. MCorp Financial, Inc ., 502 U.S. 32 , 40 (1991). … See , e.g ., Board of Governors of Fed. Reserve Sys. v.

Opn. No.

New York Attorney General Reports · Dec 31, 1996

Village Law §§ 7-728 , et seq .authorizes villages to empower planning boards to review and approve proposed subdivisions. … See , e.g ., Board of Education of City of Buffalo v. City of Buffalo , 32 A.D.2d 98 (4th Dept 1969).

Opn. No.

New York Attorney General Reports · Aug 18, 1977

See, for instance, Landers v Town of North Hempstead, 20 N.Y.2d 417 (1967). … The case of Matter of Szapiro v McNichol, 43 A.D.2d 701 (1973) might lead to a contrary opinion but that case construed a different statute, Town Law § 211 , which was amended in the following year.

Opn. No.

New York Attorney General Reports · Jul 27, 1977

In commenting upon section 23 (4-a) of the Civil Service Law, we stated in 1975 Atty Gen [Inf Opns] 136: "It is our opinion that the board of commissioners of a fire district functioning under Article 11 of the Town Law does … Civil Service Law, § 23 , subdivision 4-a; Matter of Giacobbe v Onondaga County Civil Service Commission, 21 Misc.2d 186 (1959)."

Informal Opinion No.

New York Attorney General Reports · Dec 16, 1986

Dennis V. Tobolski, Esq. … Section 205 of the Highway Law gives town boards the power, by resolution, to close town roads which have been abandoned for six years or more (Highway Law, § 205 [1]; Matter of Shawangunk Holding, Ltd. v Superintendent of

Opn. No.

New York Attorney General Reports · Nov 12, 2002

See Froslid v. … In Smith v.

Opn. No.

New York Attorney General Reports · Dec 31, 1981

of Educ. v Yonkers Federation of Teachers, 40 N.Y.2d 268 , 273 [1976]). … The Appellate Division in Auburn Police Local 195 v Helsby, supra, at page 17 cites Antinore v State of New York, 49 A.D.2d 6 (4th Dept, 1975), affd on op below 40 N.Y.2d 921 (1976), a case involving a disciplinary procedure

Informal Opinion No.

New York Attorney General Reports · Sep 26, 1988

There are various provisions in the Education Law which authorize school boards to convey real property (Education Law, § 402 , 1709 [11], 1804 [6] [c]). … Inasmuch as these deeds are alternate forms of conveyances, they fall within the municipality's authority to "convey" (see Wilhelm v Wilken, 149 N.Y. 447 , 450 [1896]; Warren's Weed New York Real Property, Municipal Corporations

Informal Opinion No.

New York Attorney General Reports · Mar 9, 1988

by any court of competent jurisdiction to constitute any such transfer or abolition, such provision shall be deemed to be optional as it affects the towns or villages and be effective only upon approval by the governing boards … This possibility is discussed later. * The United States Supreme Court decided that these provisions do not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution ( Lockport v Citizens

Opn. No.

New York Attorney General Reports · Feb 23, 1981

If authorized by the town board, town constables may affix to a town vehicle an emblem identifying the occupant as a town constable (Vehicle and Traffic Law, § 396 [1]). … Regulation of the use of public highways by motor vehicles is an area that has long been preempted by the State ( People v Grant, 306 N.Y. 258 , 260 [1954]).

Formal Opinion No.

New York Attorney General Reports · Aug 26, 1986

President Board of Commissioners of Pilots of the State of New York The secretary of the Board of Commissioners of Pilots has requested our opinion on the following questions: (1) whether a pilot, licensed only by the State … whether a Connecticut pilot may transit the Rhode Island waters of Block Island Sound, it is not appropriate for us to comment on a pilotage matter which does not involve New York pilots or waters (but see United States v

Opn. No.

New York Attorney General Reports · Dec 31, 1982

David Gaskell Secretary of the Board State Board of Equalization and Assessment Your counsel has asked whether a county director of real property tax services may also serve as a town assessor in a town outside the county … 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 · Mar 20, 2002

See O'Malley v. Macejka , 44 N.Y.2d 530 (1978). … Ryan v. Green , 58 N.Y. 295 (1874), the Court of Appeals 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 · Jun 25, 1979

Section 85 has been judicially construed to permit the Commissioner of Transportation certain latitude of action to assure the obtaining of federal funds in highway projects ( Matter of Brown v McMorran, 23 A.D.2d 661 [3d … Sleepy Hollow Valley Commission v McMorran, 20 N.Y.2d 190 [1967]).

Opn. No.

New York Attorney General Reports · Mar 11, 1997

Twiss: You have informed us that prior to 1993, Franklin County was governed by a board of legislators consisting of seven members elected every three years from seven districts. … The addition of this clause was motivated by the absence of statutory authority for non-charter counties to comply with one person one vote standards enunciated by the United States Supreme Court in Baker v.

Informal Opinion No.

New York Attorney General Reports · Oct 29, 1987

Incompatibility stems from the fact that the occupant of each position serves on the village board of trustees, the governing body of the municipality. … Ryan v Green, 57 N.Y. 295 [1874]). We conclude that a village trustee need not resign his office to run for the office of mayor. He may not, however, simultaneously hold both offices.