Case law

Opn. No.

New York Attorney General Reports · Nov 23, 1977

V, § 6). Referring to provisional appointments (Civil Service Law § 65 ), the Appellate Division, First Department, in Poss v. Kern, 263 App. … There, the Court of Appeals sanctioned the termination of an eligible list for appointments to the Magistrate's Court in New York City based upon what it found to be extraordinary authority vested in the Administrative Board

Opn. No.

New York Attorney General Reports · Oct 2, 1978

It has come to the attention of the village planning board that said individual lacks sufficient parking facilities to develop the building to its full capacity. … municipality, without specific legislative sanction, may not permit property acquired or held by it for public use to be wholly or partially diverted to a possession or use exclusively private." ( Lake George Steamboat Company v

Informal Opinion No.

New York Attorney General Reports · Sep 26, 1988

The article does not contain any provisions as to the effect of annexation on highways running through the annexed territory, but this issue was discussed in Matter of Common Council of the City of Gloversville v Town Board

Opn. No.

New York Attorney General Reports · Aug 17, 1979

enact or attempt to enforce ordinances, rules or regulations for the control of motor vehicles that are in conflict with the provisions of a state law such as the Vehicle and Traffic Law ( Peo. of the State of New York v … In a former opinion of the Attorney General (1968 Op Atty Gen 69) it was held that the town board is empowered to regulate the operation of bicycles on town sidewalks and that a bicycle may be operated on town sidewalks in

Opn. No.

New York Attorney General Reports · Oct 29, 1993

Mandelkern v City of Buffalo, 64 A.D.2d 279 (4th Dept 1978); McCarthy v Philadelphia Civil Service Commission, 424 U.S. 645 (1976). … A State law establishing a durational residency requirement for certain members of Boards of Education in cities was upheld. Matter of De Hond v Nyquist, 65 Misc.2d 526 (Sup Ct Alb Co [1971]).

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 30, 1981

motion pictures, the Court of Appeals having held that the licensing process as contained in the Education Law violates the Fourteenth Amendment of the United States Constitution ( Matter of Trans-Lux Distributing Corp. v … Board of Regents, 16 N.Y.2d 710 [1965]).

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 · Nov 8, 1989

You informed us that the town board desires to enter into a contract with the person serving as town justice for provision of legal services to the town. … 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.

Informal Opinion No.

New York Attorney General Reports · Feb 25, 1987

Where there is litigation between two municipal officers or boards concerning the proper performance of their duties, the municipal attorney would obviously be disqualified from acting on behalf of both parties to the lawsuit … ( Cahn v Town of Huntington, 29 N.Y.2d 451 [1972]).

Opn. No.

New York Attorney General Reports · Jun 13, 1978

The New York State Racing and Wagering Board, which is charged with supervising the administration of games of chance, has promulgated 9 NYCRR 5603.11 , which provides: "The municipal governing body shall, prior to the issuance … Even though there may only be one domicile for any particular purpose in the law, it does not necessarily follow that the concept of domicile will inevitably be the same in different areas of the law ( Gladwin v.

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 ).

Informal Opinion No.

New York Attorney General Reports · Apr 10, 1986

prescribes the procedure for the designation of newspapers for the publication of concurrent resolutions, election notices and the official canvass: "The members of the county legislative body, whether such body be denominated board … When applied, this procedure does not necessarily provide for the best notice to residents of the county ( Botens v Aronauer, 66 Misc.2d 5 [Sup Ct, Orange Co, 1971], revd 38 A.D.2d 969 [2d Dept, 1972], affd 32 N.Y.2d 243

Opn. No.

New York Attorney General Reports · Feb 2, 1977

Ryan v. Green, 58 N.Y. 295 ). A police officer is a public officer ( Spencer v. … Board of Education of City of Schenectady, 69 Misc.2d 1091 ), and it appears that a probation officer would also be considered a local public officer (see 1965 Atty. Gen. [Inf.] 78).

Opn. No.

New York Attorney General Reports · Oct 15, 1999

Morales v. Gross , 230 A.D.2d 7 , 9-10 (2d Dept 1997) ( citing , Landgraf v. USI Film Products , 511 U.S. 244 , 265 [1994]). Here, by its terms the Annual Care Law is prospective in application. … See , Grove Hill Realty Company v. Ferncliff Cemetery Association , 7 N.Y.2d 403 , 409 (1960), quoting Manigault v. Springs , 199 U.S. 473 , 480 (1905).

Informal Opinion No.

New York Attorney General Reports · Jun 23, 2006

A village trustee is elected and serves as a member of the village board of trustees, the legislative branch of village government. See Village Law §§ 3-301 (3) and (4), 4-412 . … See O'Malley v. Macejka, 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green, 58 N.Y. 295 , 304-05 (1874); Matter of Dupras v. County of Clinton, 213 A.D.2d 952 , 953 (3d Dep't 1995).

Informal Opinion No.

New York Attorney General Reports · Feb 10, 1988

In Matter of Common Council of the City of Gloversville v Town Board of the Town of Johnstown ( 32 N.Y.2d 1 [1973]), the Court of Appeals addressed the question of whether territory separated from the annexing municipality … A prior opinion of our office, relying on the law then in effect, held otherwise (see 1965 Op Atty Gen [Inf] 111; citing Matter of Shulman v Wallace, 18 Misc.2d 91 [Sup Ct, Rockland Co, 1959]).

Opn. No.

New York Attorney General Reports · Jan 25, 1977

political subdivision or district therein, require immediate action which cannot await competitive bidding, contracts for public work or the purchase of supplies, material or equipment may be let by the appropriate officer, board … Illustrative of the close scrutiny accorded claims of emergency is the enclosed copy of an opinion of Justice Miner handed down January 10, 1977, in Matter of General Building Contractors of New York State, Inc. v.