Case law

Opn. No.

New York Attorney General Reports · Jan 7, 1981

If State action is to pass constitutional muster, all three factors must be satisfied ( Brandon v Board of Ed. of Guilderland, 487 F. Supp. 1219 , 1227 [ND, NY, 1980]). … Section 190 of the Town Law provides that a town board may establish a sewer district upon the submission of a petition.

Informal Opinion No.

New York Attorney General Reports · Jul 22, 1985

Under the current Village Law, the board of trustees of a village may by resolution establish a police department (Village Law, § 8-800 ). … The structure of such a department, however, is left for determination by the board of trustees.

Opn. No.

New York Attorney General Reports · Oct 23, 1997

Matter of MacDonald v. Ordway , 219 N.Y. 328 , 332 (1916); Matter of Haller v. Carlson , supra , p 830. … The town board may establish the position of clerk and determine the terms and conditions of employment of that individual.

Opn. No.

New York Attorney General Reports · Jun 24, 2009

*Page 2 In Williams v. … And in Tuck v.

Opn. No.

New York Attorney General Reports · Apr 12, 2005

Cahn v. Town of Huntington , 29 N.Y.2d 451 , 455 (1972);_ see also Op. Att'y Gen. (Inf.) … See Election Law Article 14; DiLucia v.

Opn. No.

New York Attorney General Reports · Apr 13, 1977

Hill, 140 U.S. 41 [1891]; Quincy v. Jackson, 113 U.S. 332 [1885]; People v. Schlaeger, 391 Ill. 314 , 63 N.E.2d 382 [1945]; Wilson v. High Point, 238 N.C. 14 , 76 S.E.2d 546 [1953]. … The New York City Charter has the same force and effect as a State statute ( Schlakman v. Board of Education, 306 N.Y. 532 , 538 , affd. 282 App.

Opn. No.

New York Attorney General Reports · Oct 25, 1999

Of Elections, 1983 Formal Opinion No. 8; Jones v. Seneca Bd. Of Elections , 83 A.D.2d 982 (4th Dept 1981). … The incompatibility arose there from the fact that the police chief prosecuted certain cases in town court, whose budget he determined as a town board member.

Opn. No.

New York Attorney General Reports · Jan 8, 2002

See Lake George Steamboat Co. v. Blais , 30 N.Y.2d 48 , 52 (1972). … County Law § 219 (1) authorizes the County board of supervisors to lease reforested lands to private organizations for oil and gas exploration and removal purposes.

Opn. No.

New York Attorney General Reports · Oct 21, 2003

Hines v. … .'"); Patel v.

Opn. No.

New York Attorney General Reports · Jun 23, 1980

Irving Amarnick v State, 84 Misc.2d 112 (Ct Cl, 1975), affd 52 A.D.2d 1007 . … All contracts made for or by any State department, board, officer, commission or institution must be in writing and contain an executory clause (see 2 NYCRR 7.2 [b]).

Opn. No.

New York Attorney General Reports · Jul 14, 1992

People v De Jesus, 54 N.Y.2d 465 , 469 , supra . … The "local board" in this regard means only a county alcoholic beverage control law. Id., § 3(16).

Opn. No.

New York Attorney General Reports · Nov 1, 1983

Honorable John Van Lindt Chairman Racing and Wagering Board Your Director of Wagering Systems has asked whether a police officer is eligible to receive a license to lease out a hall or premises to be used for the conduct … It is settled that police officers are public officers ( People v Lafaro, 250 N.Y. 336 , 338 [1929]; Canteline v McClellan, 282 N.Y. 166 [1940]).

Opn. No.

New York Attorney General Reports · Feb 5, 1999

Our opinion relied on Matter of Board of Education v. … In Matter of Board of Education v. City of Buffalo , 32 A.D.2d at 100 , the court described the allocation of authority over school construction in the context of a claim of jurisdiction by a local government.

Informal Opinion No.

New York Attorney General Reports · Feb 9, 1989

]; People v Cook, 34 N.Y.2d 100 [1974]; Wholesale Laundry Board v City of New York, 17 A.D.2d 327 [1962], affd 12 N.Y.2d 998 [1963]); and (2) where the Legislature has expressed an intent to preempt local legislation with … respect to a given subject ( Consolidated Edison v Town of Red Hook, supra; Wholesale Laundry Board v City of New York, supra; People v DeJesus, 54 N.Y.2d 465 [1981]; People v Cook, supra; Robin v Incorporated Village of

Opn. No.

New York Attorney General Reports · Apr 3, 1980

Town Attorney for the Town of Horicon You have asked whether your Town Board may enact a local law providing that only a summary of an ordinance need be published in the official newspaper. … (For a recent case upholding a local law enacted under this new grant of power, see Klimek v Town of Ghent, 71 A.D.2d 359 [3d Dept, 1979].)

Opn. No.

New York Attorney General Reports · May 11, 1976

The members representing the County of Monroe are appointed by the Chairman of the Board of Supervisors and the members representing the City of Rochester are appointed by the Mayor of said City. … Dawson v. Knox, 231 App. Div. 490 [3d Dept., 1931], affd. 267 N.Y. 565 .)

Opn. No.

New York Attorney General Reports · Jul 2, 1981

Town Attorney, Stony Point You ask whether the Town of Stony Point in Rockland County may establish a rent control board authorized to regulate rents in mobile-home parks. … A local government may not impose rent control except in accordance with an express authorization by the State Legislature (McKinney's Unconsolidated Laws, § 8594 [4]; see also Valley Forge Village v Bromberger, 59 A.D.2d

Informal Opinion No.

New York Attorney General Reports · May 8, 1985

The board of trustees of a public library are responsible for the management and control of the library (Education Law, § 255 ). … Matter of MacDonald v Ordway, 219 N.Y. 328 , 332 [1916]; Matter of Haller v Carlson, supra, p 830).

Opn. No.

New York Attorney General Reports · Aug 6, 1997

In Richard's Service Station, Inc. v. … Similarly, in Hempstead T-W Corp. v.

Opn. No.

New York Attorney General Reports · Dec 10, 1976

I enclose herewith for your review a copy of a decision in the case entitled "Application of Paul Des Pres, Petitioner, Pursuant to Article 78 v. … Niagara County Board of Supervisors, Respondent, 236 N.Y.S.2d 484 ," which establishes that a County Attorney is a "public officer".