Case law

Opn. No.

New York Attorney General Reports · Aug 4, 1999

No such designation is made for the Board. It is our opinion that the Board is not an independent entity separate and apart from the State and that Board members are "in the service of the state." … New York State Chapter, Inc. v. New York State Thruway Authority , 88 N.Y.2d 56 , 74 (1996).

Informal Opinion No.

New York Attorney General Reports · Feb 22, 1984

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 exception we noted for members of the town board was based upon the common law rule that an appointing body may not appoint one of its members to a public office ( Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington

Informal Opinion No.

New York Attorney General Reports · Feb 25, 1987

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. … members to a public office ( Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington Co], affd on opn below 206 App.

Opn. No.

New York Attorney General Reports · Jul 26, 2005

Div. 786 (3d Dep't 1923); see also Macrum v. Hawkins , 261 N.Y. 193 , 201-02 (1933). … Ontario v. Western Finger Lakes Solid Waste Mgmt.

Opn. No.

New York Attorney General Reports · Feb 27, 1997

Randall V. Coffill, Esq. Informal Opinion Town Attorney No. 97-7 Town of Deer Park P. O. Box 3139 Port Jervis, N Y 12771 Dear Mr. … New York C H RR Co. v. Woodbury , 208 N.Y. 421 (1913).

Opn. No.

New York Attorney General Reports · Aug 25, 1976

on the matter while serving as one of the Board of Managers of the hospital. … Ryan v. Green, 58 N Y 295." Mr. Juracka has noted that Education Law, § 6306 , specifically authorizes a member of a county board of representatives to be appointed to the board of trustees of a community college.

Informal Opinion No.

New York Attorney General Reports · Jul 20, 1987

Miller, 116 A.D.2d 575 , [2d Dept, 1986]; Matter of Sun Beach Real Estate Development Corp. v Anderson, 98 A.D.2d 367 [2d Dept, 1983]; Levin v Cocks, 141 N.Y.S.2d 595 [Sup Ct, Nassau Co, 1955]; Matter of Hilbol Realty, Inc … . v Barnhart, 205 Misc. 187 [Sup Ct, Nassau Co, 1953]).

Formal Opinion No.

New York Attorney General Reports · Oct 4, 1985

To support the granting of an award, the Board must make a determination that the claimant would suffer "serious financial hardship" if denied an award ( id., § 631[6]; Matter of Regan v Crime Victims Compensation Board, … Div. 492 , 499 , affd 300 N.Y. 533 [1949]; Countryman v Fonda, Johnston Gloversville R.R. Co., 166 N.Y. 207 , 209-210 [1907]; Spadaccini v Dolan, 63 A.D.2d 110 , 124 [1st Dept, 1978]).

Informal Opinion No.

New York Attorney General Reports · Feb 13, 1985

This provision has also been construed as defining legislative action by a local body required to act by a two-thirds or three-fourths majority ( Mtr. of Smithtown v Howell, 31 N.Y.2d 365 , 376-378 [1972]; Savatgy v City … Three-fourths of your seven member board comes to 5.25, thus requiring the vote of at least six members to take action on a proposed zoning change (Bismark v Incorporated Village of Bayville, supra) .

Opn. No.

New York Attorney General Reports · Feb 2, 1978

A.D.2d 479 , modified on other ground, 15 N.Y.2d 927 [1965]; Matter of Roher v Dinkins, 32 N.Y.2d 180 [1973]). … order a special election in the event the town board fails to appoint ( Matter of Roher v Dinkins, supra ).

Opn. No.

New York Attorney General Reports · Mar 31, 1976

You inquire whether the town board may grant the assessor a 90 day leave of absence; whether the town board may provide that such leave will be without pay; whether the town board may refuse to grant a leave of absence; whether … Board of Education, 93 N.Y. 1 [1883]; Fitzsimmons v. City of Brooklyn, 102 N.Y. 536 [1886]; Grieb v. City of Syracuse, 94 App. Div. 133 at p. 136 [1904]; Matter of Carroll v.

Opn. No.

New York Attorney General Reports · May 14, 1992

The town board member was appointed to fill a vacancy on that board. … Taxpayers' Association v Town Board, 69 A.D.2d 320 (2d Dept 1979); see also, Matter of Zagoreos v Conklin, 109 A.D.2d 281 , 287 (2d Dept 1985).

Opn. No.

New York Attorney General Reports · Feb 2, 1995

Cf ., Matter of MacDonald v Ordway , 219 N.Y. 328 , 332 (1916); Matter of Haller v Carlson , supra , p 830. … The board's function is to analyze the environmental impact of projects referred to them by the planning board and to make recommendations to the planning board.

Informal Opinion No.

New York Attorney General Reports · Sep 18, 1986

v Hinman, 122 Misc.2d 531 , 534 [Sup Ct, Onondaga Co, 1984]). … The decisions of local boards have been set aside based upon a judicial finding of conflicts of interest of board members participating in the decisions ( ibid.; Taxpayers' Association v Town Board, 69 A.D.2d 320 [2d Dept

Opn. No.

New York Attorney General Reports · Feb 16, 1977

In Robin v. … (See, e.g., Good Humor Corp . v. City of New York, 290 N.Y. 312 , 316-317 ; People v. Lewis, 295 N.Y. 42 , 51 ; Wholesale Laundry Bd. of Trade v. City of New York, 17 A.D.2d 327 , 330 , affd. 12 N.Y.2d 998 ; Kim v.

Informal Opinion No.

New York Attorney General Reports · Jul 6, 1983

officer or agency to employ an attorney or contract for legal services (see Seif v City of Long Beach, 286 N.Y. 382 [1941]; and Cahn v Town of Huntington, 29 N.Y.2d 451 [1972]). … ( Seif v City of Long Beach, supra, pp 386-387 ).

Opn. No.

New York Attorney General Reports · Sep 21, 1979

of Managers of that hospital by the Lewis County Board of Legislators. … (See, e.g., Matter of Moritz v Board of Educ. of Gowanda Cent. School Dist., 60 A.D.2d 161 , 169 [4th Dept, 1977]; Matter of Dykeman v Symonds, 54 A.D.2d 159 [4th Dept, 1976]; 1975 Op Atty Gen [Inf] 150.)

Opn. No.

New York Attorney General Reports · Dec 19, 1976

Watts v. Board of Supervisors of Niagara County, 170 App. Div. 334 [4th Dept., 1915]). … Koetteritz v. Board of Supervisors of Herkimer County ( 148 App.

Opn. No.

New York Attorney General Reports · Apr 18, 1996

District Regional Off-Track Betting Corporation v New York State Racing and Wagering Board , 54 N.Y.2d 154 (1981) (the Board has broad powers to regulate OTBs including power to issue rules and regulations, and to resolve … ."); see also , People v.

Opn. No.

New York Attorney General Reports · Feb 17, 1998

See, Matter of Kelley v. McGee, 57 N.Y.2d at 538 . … Board of Education, Huntington v. Teachers, 30 N.Y.2d 122 (1972).