Case law

Informal Opinion No.

New York Attorney General Reports · Feb 13, 1985

Town boards have been granted the power to pass regulations with regard to highways within the town (Vehicle and Traffic Law, § 1660 [a]). … It has been held that it is within a municipality's power to ban entirely certain classes of vehicles from its roads ( Mobil Oil Corp. v Inc. Village of Roslyn Harbor, 69 Misc.2d 79 [Sup Ct, Nassau Co, 1972]).

Opn. No.

New York Attorney General Reports · May 12, 1981

Palmer v Palmer, 150 N.Y. 139 (1896); Nogard v Strand, 38 A.D.2d 871 (3d Dept, 1972). Your letter to this office indicates that the road has been used by the public since 1948. … (Compare Jones v Cederquist, 1 Misc.2d 1020 , 1026 [Sup Ct, Chautauqua Co, 1956], with Nikiel v City of Buffalo, 7 Misc.2d 667 , 670 [Sup Ct, Erie Co. 1957].)

Opn. No.

New York Attorney General Reports · Apr 23, 1991

City of Buffalo v Stevenson, 207 N.Y. 258 (1913); Town Law §§ 130 , 272; 1983 Op Atty Gen (Inf) 97; 1982 Op Atty Gen (Inf) 151. … Jewish Reconstructionist Synagogue of the North Shore, Inc. v Inc. Village of Roslyn Harbor, 40 N.Y.2d 158 (1976); 1983 Op Atty Gen (Inf) 97.

Opn. No.

New York Attorney General Reports · Sep 21, 1979

I refer you to People v Czajka, 11 N.Y.2d 253 (1962), where the Deputy Town Attorney prosecuted a defendant for a traffic offense. … District Attorney of Chautauqua County is responsible for all prosecutions in that county, he may consent to have prosecutions for violations of General Municipal Law, § 136 , conducted by an attorney designated by the Town Board

Opn. No.

New York Attorney General Reports · Feb 16, 1977

The creation of a town dump or sanitary landfill is discretionary on the part of the town board and is authorized under Town Law § 220 , subdivision 5 and Town Law § 221 . … instance, Town Law § 232 ) and is not a part-town charge such as is provided in connection with town highways outside of villages by Highway Law § 141 , subdivision 1, or with town dumps under General Municipal Law § 120-v

Informal Opinion No.

New York Attorney General Reports · Sep 28, 1987

37 [1964]; Brooklyn Park Commissioners v Armstrong, 45 N.Y. 234 , 243 [1871]; 1981 Op Atty Gen [Inf] 242). … We conclude that municipal dedications of property to the public use may be amended for typographical or other ministerial errors by means of resolution by the local governing board.

Opn. No.

New York Attorney General Reports · May 26, 1978

Ryan v Green, 58 N.Y. 295 (1874), which held that: "Incompatibility between two offices, is an inconsistency in the functions of the two; as judge and clerk of the same court — officer who presents his personal account subject … As an assistant chief, he would be under the direction of a separate board of fire commissioners. Questions of his behavior as assistant chief would not come before the town fire commissioners of which he is a member.

Opn. No.

New York Attorney General Reports · Mar 28, 1978

County Law, § 201 , provides in part: "* * * each board of supervisors shall fix the salary of all officers paid from county funds * * *. … State officer within the meaning of section 12 (now 7) of Article XIII of the New York State Constitution and it would therefore follow that his salary may not be increased or diminished during his term of office (Eberhard v

Informal Opinion No.

New York Attorney General Reports · Feb 14, 1984

It has been decided that the ABCL is pre-emptive ( People v De Jesus, 54 N.Y.2d 465 [1981]). … Local laws are prohibited in areas pre-empted by the state ( Wholesale Laundry Board of Trade v City of New York, 17 A.D.2d 327 [2d Dept, 1962], affd without opn 12 N.Y.2d 998 [1965]; People v De Jesus, supra .

Opn. No.

New York Attorney General Reports · Apr 23, 1976

County Law, § 215 (3) provides in part: "(The county board of supervisors) * * * may acquire by purchase or condemnation and accept by gift real and personal property for lawful county purposes." … (McQuillin, Municipal Corporations, § 28.19; see also Trustees of Union College v. City of New York, 173 N.Y. 38 [1903].) Therefore, we conclude that the County of St.

Opn. No.

New York Attorney General Reports · Jul 30, 1998

VACCO Attorney General 1 The Appellate Division in Diamant v. … Burial societies should contact the State Cemetery Board for guidance on this issue.

Opn. No.

New York Attorney General Reports · Nov 22, 1976

Vehicle and Traffic Law, § 1660 (10) and (17) extends the same powers to the town boards of towns in regard to highways outside of villages but within the town. … Grant, supra; Associated Transport v. City of Syracuse, 274 App. Div. 565 [4th Dept., 1948]; see also, 1930 Atty. Gen. [ Inf .] 439.)

Informal Opinion No.

New York Attorney General Reports · Jan 25, 1985

]; Matter of McCabe v Voorhis, 243 N.Y. 401 [1926]; 1981 Op Atty Gen [Inf] 154). … In McCabe v Voorhis, supra, the Court of Appeals considered the validity of a local law of the City of New York making it unlawful for the Board of Assessment and Apportionment to increase the fare on rapid transit or street

Informal Opinion No.

New York Attorney General Reports · Dec 17, 1984

We note that section 701 of the Not-For-Profit Corporation Law (NFPCL) sets out the requirements for membership on the board of directors of a not-for-profit corporation. … Although a recent Appellate Division case relied on such an agency analysis to hold the parents of a minor liable for the torts of a minor ( Comeau v Lucas, 90 A.D.2d 674 [4th Dept, 1982]), we are aware of no cases where

Opn. No.

New York Attorney General Reports · Feb 6, 1976

Any member of a police force of any county, city of less than one million population, town or village, or of any district, agency, board, body or commission thereof, who is injured in the performance of his duties or who … Payments include raises accruing subsequent to the disability ( Birmingham v. Mirrington, 284 App. Div. 721 [1954]; Barber v. Lupton, 282 App. Div. 1008 , affd. 307 N.Y. 770 ).

Opn. No.

New York Attorney General Reports · Mar 7, 1995

L 1914, ch 444, Art V, § 90. The city manager is designated as the administrative head of city government. Id ., § 91. … Public Housing Law § 30 (2) provides that the mayor of a city or village, or the town board of a town appoints the members of a housing authority.

Informal Opinion No.

New York Attorney General Reports · Jun 12, 1987

In the City of New York and in Nassau County, the city council and the board of supervisors, respectively, are to fix the fee for such a license ( ibid.) .). … DeJesus et al., 54 N.Y.2d 465 [1981]; Wholesale Laundry Bd. of Trade v City of New York, 17 A.D.2d 327 [1st Dept, 1962], affd on op below 12 N.Y.2d 998 [1963]; 1974 Op Atty Gen [Inf] 254).

Informal Opinion No.

New York Attorney General Reports · Feb 28, 1983

Nor do we believe that the proposal would violate any provision of the Constitution ( Matter of Benzow v Cooley, 12 A.D.2d 162 [4th Dept, 1961], affd on other grds 9 N.Y.2d 888 [1961]). … A local law is subject to mandatory referendum if it: "Changes the law of succession to the office of the chief executive officer of a county elected on a county-wide basis or if there be none the chairman of the board of

Opn. No.

New York Attorney General Reports · Jun 9, 1980

Supp. 1362 [DNJ, 1978]; Lee v Board of Higher Ed., 48 USLW 2424 [SDNY, 11/21/79]), both issued subsequent to our opinion, do, indeed, hold to the contrary. … In Yosemite Portland Cement Corp. v. State Board of Equalization ( 138 P.2d 39 , Dist Ct of App [1943]), the Court observed: "There can be no doubt that the Hetch Hetchy Project is not a separate corporate entity.

Informal Opinion No.

New York Attorney General Reports · Jul 7, 1986

Miller v Griswold, 67 N.Y. 59 [1876]; Matter of McFadden, 96 App. Div. 58 [3d Dept, 1904]). … Minard v Donovan, 228 App. Div. 596 , 600 [3d Dept, 1930]).