Case law

Opn. No.

New York Attorney General Reports · Aug 1, 1997

You point out that the town board, and not the building inspector, appointed the deputy. … See , Morgenthau v.

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 · Nov 3, 1986

It has long been recognized, however, that the district attorney and his assistants need not personally prosecute every offense committed within their jurisdiction ( People v Van Sickle, 13 N.Y.2d 61 [1963]; People v Czajka … This provision of the Village Law authorizes the board of trustees of a village to grant to a village attorney or other attorney the responsibility to prosecute violators of village regulations and authorizes reasonable compensation

Opn. No.

New York Attorney General Reports · Mar 24, 1981

Reade of the Economic Development Board (Letter of May 15, 1970 to Judah Gribetz, Counsel to the Governor, p 2) made representative comments which mirror the legislative background: "It is anticipated that this legislation … In Citybank N.A. v City of New York Finance Administration, 43 N.Y.2d 425 , 431 , (1977) revd on other grounds, 440 U.S. 447 (1979), the Court said: "It is a well-established proposition of law that an amendment is a re-enactment

Opn. No.

New York Attorney General Reports · Jul 20, 1979

Mills v Sweeney, 219 N.Y. 213 ; Matter of McCabe v Voorhis ( supra ); Elkind v City of New Rochelle, 5 Misc.2d 296 ; 1967 Op Atty Gen 156; 1971 Op Atty Gen 139; 1974 Op Atty Gen 168. … v Board of Standards, 263 App.

Informal Opinion No.

New York Attorney General Reports · Mar 23, 1989

Town Attorney, Otisco You have asked whether a town board may authorize a moratorium on the establishment of junkyards within the town. … .2d 338 [1967], affd 29 A.D.2d 874 [2d Dept, 1968]; Matter of Hasco Construction Corp. v Dassler, 143 N.Y.S.2d 240 [1955]).

Opn. No.

New York Attorney General Reports · May 5, 1978

Matter of Going v. Kennedy, 5 A.D.2d 173 , 175 (1st Dept., 1958), aff'd 5 N.Y.2d 900 (1959); Ferraiolo v. O'Dwyer, 302 N.Y. 371 (1951); Martorano v. Capital Finance Corp., 289 N.Y. 21 (1942); Matter of Armitage v. … Board of Education, 122 Misc. 586 , 590 (Sup.Ct., Cayuga Co., 1924), aff'd 210 App. Div. 812 (4th Dept., 1924), aff'd 240 N.Y. 548 (1925).

Opn. No.

New York Attorney General Reports · Aug 9, 1978

This is in response to your letter wherein you ask for an opinion of the Attorney General whether an amendment of a proposed local law following a public hearing requires a second public hearing and further action by the board … In the case of Incorporated Village of Island Park v. J.E.B.

Opn. No.

New York Attorney General Reports · Jan 2, 1976

Ryan v. Green, 58 N.Y. 295 ). … Since Niagara County has an elective county legislature, the Supervisor of the Town of Wilson does not sit as a member of the board of supervisors.

Opn. No.

New York Attorney General Reports · Feb 28, 1980

of the City of New York v Carter, 14 N.Y.2d 138 .) … Molitor v Kaneland Community Unit District, 18 Ill.2d 11 , 163 N.E.2d 89 (1959).

Opn. No.

New York Attorney General Reports · Oct 20, 1981

While it is inappropriate for us to suggest those activities that can be regulated within the context of a local law regulating noise, since these are legislative considerations for your board of trustees based upon local … Co. v City of New York, 39 N.Y.2d 587 [1976], cert den 429 U.S. 990 [1976].

Opn. No.

New York Attorney General Reports · Oct 13, 1999

Vehicle and Traffic Law §§ 1600 , 1604 ; People v. Grant , 306 N.Y. 258 (1954). … People v. Grant , 306 N.Y. 258 , 260 (1954). The Legislature has not delegated authority to villages to regulate this subject.

Opn. No.

New York Attorney General Reports · Jun 3, 1980

This specifically appears from the following provisions of the Vehicle and Traffic Law: a) Section 1660, entitled "Traffic regulations in all towns", specifies the authority of town boards to regulate traffic in various respects … Lighthouse Shores v Islip, 41 N.Y.2d 7 (1976); Wiggins v Town of Somers, 4 N.Y.2d 215 (1958); City of Rochester v Town of Rush, 67 Misc.2d 328 (Sup Ct, Monroe County, 1971), affd 37 A.D.2d 795 (4th Dept, 1971).

Opn. No.

New York Attorney General Reports · Feb 13, 1992

City of Buffalo v Stevenson, 207 N.Y. 258 (1913). ( See, Informal Opinion No. 82-48 , which concludes that a village may establish a procedure whereby a developer is charged for the planning board's costs in reviewing an … Const, Art XVI , § 1 ; Sonmax, Inc. v City of New York, 43 N.Y.2d 253 , 257 (1977); Matter of U.S. Steel v Gerosa, 7 N.Y.2d 454 (1960).

Opn. No.

New York Attorney General Reports · Feb 8, 1980

It is also subject to a ruling by a local board of ethics, if one has been established. We assume there is no such ruling. … Ryan v Green, 58 N.Y. 295 (1874), which provides: "The force of the word, in its application to this matter is, that from the nature and relations to each other, of the two places, they ought not to be held by the same person

Opn. No.

New York Attorney General Reports · Sep 7, 1999

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 Legislature thus has established an exception to the common law rule of compatibility in permitting a firefighter to serve on the board that supervises the activities of the fire company.

Opn. No.

New York Attorney General Reports · Feb 7, 1990

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. … Under section 130 (5) of the Town Law, the town board can establish the positions of fire inspectors and grant to these officials the authority to enforce regulations relating to the construction and maintenance of buildings

Opn. No.

New York Attorney General Reports · May 11, 1982

Subpoenas may be issued by "any member of a board, commission or committee authorized by law to hear, try or determine a matter or do any other act, in an official capacity, in relation to which proof may be taken or the … The Human Rights Law is not the exclusive remedy for housing discrimination (Executive Law, § 300 ; Moran v Simpson, 80 Misc.2d 437 [Sup Ct, Livingston Co, 1974]).

Opn. No.

New York Attorney General Reports · Jan 7, 1980

See People v Greeman, 137 N.Y.S.2d 388 (Westchester County Ct, 1952); People ex rel Village of Larchmont v Gilbert, 137 N.Y.S.2d 389 (Westchester County Ct, 1954) affirmed without opinion, 307 N.Y. 773 (1954); our informal … You mention a newspaper account of the United States Supreme Court case of County Board of Arlington County, Virginia v Richards, 434 U.S. 5 (1977).

Informal Opinion No.

New York Attorney General Reports · Jun 23, 1983

Family and Children's Services Inc. v Zoning Bd. of Appeals of the Town of Mount Pleasant, 79 A.D.2d 657 [2d Dept, 1980]). … This power has been delegated to local Boards of Education subject to regulation by the Commissioner of Education ( ibid .).