Case law

Opn. No.

New York Attorney General Reports · May 11, 1978

Town Law, § 221 , entitled "Refuse disposal plants in certain towns", provides that: "the town board may provide for the collection and disposition of garbage, ashes, rubbish and other waste matter in such town, and for that … rule of statutory construction, the general language of a statute ("other waste matter") must be read in conjunction with the specific phrases ("garbage, ashes, rubbish") which precede the general language ( Mtr. of Konver v.

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).

Opn. No.

New York Attorney General Reports · Sep 16, 1982

Craft, 436 U.S. 1 [1978]; Koger v Guarino, 412 F. … Supp. 1375 [ED Penn, 1976] affd 549 F.2d 795 [3d Cir, 1977]; Bradford v Edelstein, 467 F. Supp. 1361 [SD Texas, 1979]).

Opn. No.

New York Attorney General Reports · Jan 21, 1979

Edward V. … Compare Roher v.

Informal Opinion No.

New York Attorney General Reports · May 30, 1989

You have explained that since the question involves the village attorney, you have been instructed by the village board of trustees to request this opinion on behalf of the village. On this basis we will respond. … 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 · Dec 17, 1984

Furthermore, towns within the county can elect not to participate in the plan at all, or can elect to limit their participation to some of their officers or employees ( id., § 63[7]; Matter of Gordon v County of Erie, 30 … That power is held by the board of fire commissioners, which has the authority to set membership standards and approve individual members (Town Law, § 176 [11]).

Untitled New York Attorney General Opinion

New York Attorney General Reports · Jun 25, 2018

Bareham v. City of Rochester, 246 N.Y. 140, 146 (1927). We therefore believe that the Village’s proposed local law falls in the first instance within its home rule authority. … See Seaman v. Fedourich, 16 N.Y.2d 94, 101-02 (1965). The Village’s proposed local law does not undermine that principle.

Opn. No.

New York Attorney General Reports · Nov 5, 1997

Under section 6205 (1) of the Education Law, the State is required to save harmless and indemnify members of the board of trustees, members of the teaching or supervisory staff, officers and employees of the senior colleges … Corning v. Village of Laurel Hollow , 64 A.D.2d 918 (2d Dept 1978), affd , 48 N.Y.2d 348 (1979); see also , Chapman v. City of New York , 168 N.Y. 80 , 85-86 (1901).

Opn. No.

New York Attorney General Reports · Dec 30, 1999

Courtney: You have inquired whether a person may serve simultaneously as elected Town Clerk of the Town of East Hampton and as a member of a Board of Fire Commissioners for a fire district located wholly within that Town. … Ryan v. Green , 58 N.Y. 295 (1874).

Informal Opinion No.

New York Attorney General Reports · Mar 3, 1987

The town board has a number of concerns about the proposed annexation. … There is no mechanism provided for conditional approval, however, nor can the conditional approval be implied from the statute (see Matter of Marcus v Baron, 57 N.Y.2d 862 [1982]).

Opn. No.

New York Attorney General Reports · Feb 17, 1982

"State agency" is defined as "any state department" or any "division, board, commission, or bureau of any state department" (§§ 73[1], 74[1]). … The Executive Department is one of the maximum of 20 civil departments permitted by the Constitution (Art V, § 2).

Opn. No.

New York Attorney General Reports · Oct 13, 1999

Ryan v. Green , 58 N.Y. 295 (1874). In that case the Court of Appeals held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. … performs follow-up activities on open claims; Coordinates the defense of controverted Workers Compensation claims and issues, and represents the Self-Insurance Plan at hearings before the New York State Workers Compensation Board

Opn. No.

New York Attorney General Reports · Sep 10, 1980

Nothing in this Fire Prevention Code shall be construed as depriving the village, the Port Chester Fire Department or the Board of Trustees of any other available remedy, either of a civil or a criminal nature. "D. … Bennett v Laman, 277 N.Y. 368 at p 381 (1938) ("the fact that a criminal penalty is imposed for the performance of such acts will not deprive equity of its jurisdiction. * * *"); City of Utica v Ortner, 256 App.

Opn. No.

New York Attorney General Reports · Mar 15, 1977

the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board … Corp . v. Baldwin, 243 App. Div. 178 , 180-181 ; Matter of Trombetta v. Van Amringe, 156 Misc. 307 ; see also 2A Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 2301.08).

Informal Opinion No.

New York Attorney General Reports · Dec 17, 1984

Rules adopted by an administration agency within the boundaries of a delegation by the Legislature have the force and effect of law ( Brunner v Allstate Ins. … Accordingly, because the Watkins Glen regulation prohibits what the DEC regulations allow, it is inconsistent with the regulations, and therefore invalid ( Wholesale Laundry Board v City of New York, 17 A.D.2d 327 [1st Dept

Informal Opinion No.

New York Attorney General Reports · Mar 13, 1987

Special Counsel, Town Board of Mamaroneck You have asked whether the Town of Mamaroneck may by local law appoint a special investigator and empower that investigator, with the consent of the local district attorney, to grant … Immunity may only be conferred by operation of the Constitution or as authorized by statute (see People v Dunbar, 53 N.Y.2d 868 , 870 [1981]; Matter of Doyle, 257 N.Y. 244 [1931]).

Informal Opinion No.

New York Attorney General Reports · Mar 16, 1984

"The fact that the board did not earlier move to dismiss petitioner, does not, in our view, constitute an appointment of petitioner to his position. … . * * * Consequently, if petitioner did in fact fail to timely file his oath of office, no hearing on charges was required in order to dismiss him from office." ( Comins v County of Delaware, 66 A.D.2d 966 [3d Dept, 1978]

Opn. No.

New York Attorney General Reports · Jan 15, 1976

Pursuant to provisions of Article 12-D of the General Municipal Law, the governing board of a city, among other specified municipalities, may be resolution create a commission on human rights and make appropriation for the … Ryan v.

Informal Opinion No.

New York Attorney General Reports · May 5, 1986

Incompetency includes the inability of a worker to perform the duties required for a particular position ( People v Board of Fire Commissioners, 72 N.Y. 445 [1878]). … v State of New York, 18 PERB § 306Y [1985]).

Opn. No.

New York Attorney General Reports · Jun 22, 1978

See, e.g., Mtr. of Genesee Hospital v. Wagner, 47 A.D.2d 37 , affd 39 N.Y.2d 863 (1976); Community-Gen. Hosp . v. Tn. of Onondaga, 80 Misc.2d 96 (Sup Ct, Onondaga Co, 1974). … held that town funds cannot be utilized to lease and equip medical facilities for use free of charge by a private physician who has neither been appointed to the office of town physician nor has contracted with the town board