Case law

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 · 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".

Informal Opinion No.

New York Attorney General Reports · Dec 14, 1983

Navigation Law, § 46 provides that the board of supervisors of a county may establish a vessel regulation zone and "within the limitations prescribed by this chapter, adopt regulations for the use of a lake or part of a lake … In Piesco v DiFrancesca, 72 Misc.2d 128 (Sup Ct, Rockland Co, 1972), the court held that the power vested in villages to "regulate" vessels under section 46-a of the Navigation Law did not include the power to prohibit such

Opn. No.

New York Attorney General Reports · Feb 2, 1981

Ryan v Green, 58 N.Y. 295 [1874]). The incompatibility doctrine is applicable only to two or more public offices ( ibid .). … The position of chairman of the county political party is a party office, not a public office (Election Law, § 1-104 [5]; Matter of Sulli v Board of Supervisors of the County of Monroe, 24 Misc.2d 310 [Sup Ct, Monroe Co,

Opn. No.

New York Attorney General Reports · Aug 26, 1981

The board of managers of a county hospital has responsibility for the management of the hospital and "shall appoint and may at pleasure remove resident, visiting and consulting physicians and surgeons" (General Municipal … upon stated charges (see Auburn Police Local 195 v Helsby, 62 A.D.2d 12 , 17 [3d Dept, 1978], affd on opn below 46 N.Y.2d 1034 [1979]).

Opn. No.

New York Attorney General Reports · Jun 30, 1976

If the procedural provisions contained in the statute then in effect were followed by the town board, that portion of the highway has been abandoned. … It created an easement, only. ( Parker v. VanHouten, et al., 7 Wendell, 145 [1831].) Ownership of the underlying title remained with the adjoining titleholders.

Informal Opinion No.

New York Attorney General Reports · Jul 6, 1983

Local governments have only those powers over streets and highways as the Legislature by statute has conferred upon them (1961 Op Atty Gen [Inf] 70, citing Hofstra College v Board of Trustees of the Village of Hempstead, … 145 N.Y.S.2d 323 [Sup Ct, Nassau Co, 1955], affd 3 A.D.2d 712 [2d Dept, 1957]; People v Grant, 306 N.Y. 258 [1954]; City of New York v Rice, 198 N.Y. 124 [1910]).

Informal Opinion No.

New York Attorney General Reports · Apr 24, 1987

Section 6-622 of the Village Law provides that "The board of trustees may cause a street in the village or a part thereof, to be graded and paved or repaved wholly at the expense of the village, or wholly at the expense of … It is well established that the term "street" includes sidewalks ( Lyman v Village of Potsdam, 228 N.Y. 398 [1920]; People v Lieberman, 32 Misc.2d 741 [1961]; 26 N Y Jur, Highways, Streets and Bridges, § 6; 1979 Op Atty Gen

Opn. No.

New York Attorney General Reports · Nov 1, 1983

of Trade v City of New York, 17 A.D.2d 327 [2d Dept, 1962], affd without op 12 N.Y.2d 998 [1963]; People v DeJesus [ Luis ], 54 N.Y.2d 465 [1981]). … When State law specifically indicates by its provisions that the State's purpose is to occupy the entire field, all local laws in this area are prohibited ( Wholesale Laundry Board of Trade v City of New York, supra ).

Opn. No.

New York Attorney General Reports · Apr 3, 1998

People v. Soddano, 86 N.Y.2d 727 (1995); People v. Van Sickle , 13 N.Y.2d 61 (1963); People v. Czajka, 11 N.Y.2d 253 (1962). … attorney.1 However, it should be noted that the duties of a county attorney are enumerated in County Law § 501 and that the county attorney may only perform additional duties "as may be prescribed by law and directed by the board

Opn. No.

New York Attorney General Reports · Apr 23, 1981

(Anderson on Sheriffs, Vol. 1, p 4 [1941], citing among other cases, Pearce v Stephens, 18 App. … Div. 101 , 104 [2d Dept, 1897], affd 153 N.Y. 673 , which held that the Legislature could designate the sheriff of Richmond County as one of the county officers who appointed members of the Board of Police Commissioners of

Opn. No.

New York Attorney General Reports · Jul 27, 1979

eventual possibility of moving all village offices from the existing village hall to the newly acquired property; however, this would not take place, if at all, for a period of years and, in the intervening period, the board … , 16 N.Y.2d 94 [1965]; Wells v Town of Salina, 119 N.Y. 280 [1890]).

Informal Opinion No.

New York Attorney General Reports · Mar 21, 1985

Nicholas V. Midey, Esq. … of Educ. v Yonkers Federation of Teachers, 40 N.Y.2d 268 , 273 [1976]).

Opn. No.

New York Attorney General Reports · Jul 5, 1994

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. … Jones v Seneca County Board of Elections, 83 A.D.2d 982 (4th Dept 1981). We conclude that the positions of village trustee and town police officer are compatible.

Opn. No.

New York Attorney General Reports · Sep 14, 1979

"I have read the opinion of the State Comptroller number 77-149, Nehrbas v. Incorporated Village of Lloyd Harbor, 2 N.Y.2d (1957), and Little Joseph Realty v. Town of Babylon, 51 A.D.2d 158 (2d Department 1976). … Your inquiry concludes by making a statement and asking a question as follows: "The education law sections 402 , 403-a and 403-b authorize a board of education to lease school buildings or grounds for residential purposes

Opn. No.

New York Attorney General Reports · Mar 5, 1981

New York, Ontario, and Western Railway Co. v. State Board of Tax Commissioners, 215 N.Y. 434 , 442 [1915]). … When the railroad sells its land, it will give up any rights in or control over the land and will then be relieved of the obligation of any maintenance on the bridge ( Bruno v City of Middletown, 72 A.D.2d 803 [2d Dept, 1979

Informal Opinion No.

New York Attorney General Reports · Feb 2, 1988

Town Attorney, Bethany You have informed us that your town assessor was appointed for a six-year term at a meeting of the town board on September 23, 1983. … not the intention of the Legislature in the enactment of these provisions "to set a trap for the unwary by confusing the proper office in which the qualifying oath of office of a town officer should be filed" ( Entwistle v

Opn. No.

New York Attorney General Reports · Jun 14, 1977

Law, § 664, states, in pertinent part, as follows: "No public officer or employee of the United States government, or of any state, city or municipality, or of any political subdivision of any of them or of any official board … However, the General Construction Law applies to every statute subsequently enacted, unless the wording of such later statute expresses a contrary intent (O'Keeffe v. Dugan, 185 App. Div. 53 , affd. 225 N.Y. 667 ).

Opn. No.

New York Attorney General Reports · Sep 7, 1976

We concluded in that opinion that sheriffs, undersheriffs and deputy sheriffs are not members of a police force within the meaning of that statute, citing Matter of Gretzinger v. … Board of Elections of Monroe County (Sup.Ct., Monroe Co., June 4, 1970, unreported, affd. 34 A.D.2d 1095 ), and previous opinions of this office.

Opn. No.

New York Attorney General Reports · Jan 17, 1978

In Templas v. Uhl, 276 AD 641 [4th Dept., 1950], the title of the school district based upon adverse possession was sustained. To the same effect, see Millious v. Board of Education, 13 Misc.2d 944 [1955], Sup. … Ct., Tioga Co., and also Carpenter v. Sickles, supra; Bd. of Educ., etc . v. Dormire, et al., 126 N.Y.2d 225 , County Ct., Chenango Co.; and Platt v. Smith, supra .