Case law

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

Opn. No.

New York Attorney General Reports · Mar 3, 1997

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. … Counsel to the former State Board of Equalization and Assessment (now office of Real Property Services) has concluded that the offices of appointed town assessor and tax collector are compatible. 6 Op Counsel SBEA No. 55.

Opn. No.

New York Attorney General Reports · Jul 10, 2000

juvenile delinquents under the Family Court Act; appears in support proceedings under that Act; represents the county in civil matters; conducts real property tax foreclosures; and provides legal advice and assistance to the Board … Ryan v. Green , 58 N.Y. 295 (1874). The Court of Appeals has held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the duties of the two offices.

Opn. No.

New York Attorney General Reports · Jul 29, 1977

BARRY Chairman, New York State Racing and Wagering Board This is in reply to your Counsel, John Van Lindt's request for my opinion concerning the application of section 8052 of the Unconsolidated Laws, in relation to public … The intended distinction between "participants" and "employees" is fully discussed in Matter of Murtha v.

Informal Opinion No.

New York Attorney General Reports · Sep 12, 1983

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 town board, as the legislative arm of town government, within the ambit of its authority may make public policy judgments on behalf of the town.

Opn. No.

New York Attorney General Reports · Jun 5, 1978

We should note initially that in the absence of express restriction a tenancy for a definite period may be sub-let. ( Werver v Weinstein, 138 N.Y.S.2d 196 [Mun. … Liebmann v Aldhous (Municipal Court 1918) 105 Misc 728 , 173 NYS 553 (Rasch-New York Landlord and Tenant, 2nd Ed., Chapter 18, § 580).

Opn. No.

New York Attorney General Reports · Aug 30, 2000

See Holt v. … See Kamhi v. Town of Yorktown , 74 N.Y.2d 423 (1989).

Opn. No.

New York Attorney General Reports · Mar 11, 1992

Matter of Board of Education of Yonkers v Yonkers Federation of Teachers, 40 N.Y.2d 268 , 273 (1976).

Opn. No.

New York Attorney General Reports · May 18, 2004

See Melby v. Duffy , 304 A.D.2d at 37 ; Incorporated Village of Manorhaven v. Ventura Yacht Servs., Inc. , 166 A.D.2d 685 (2d Dep't 1990); People v. Anton , 105 Misc.2d 124 , 127 (Suffolk Co. Dist. Ct. 1980); People v. … Temple Marble Tile Co. v.

Opn. No.

New York Attorney General Reports · Jun 26, 1979

It was stated in Matter of Plumbing Association v Thruway Authority, 5 N.Y.2d 420 (1959), at p 423: "Although created by the State and subject to dissolution by the State, these public corporations are independent and autonomous … , deliberately designed to be able to function with a freedom and flexibility not permitted to an ordinary State board, department or commission.

Opn. No.

New York Attorney General Reports · Jun 25, 1979

each county having a population of more than one hundred thousand and less than five hundred thousand according to the last federal census, exclusive of the county of Richmond, and the district attorney of any county, the board … It has been held that a district attorney is a constitutional state officer ( Dodge v City of New York, 252 App. Div. 631 , reversed on other grounds 278 N.Y. 25 [1938]).

Opn. No.

New York Attorney General Reports · Jan 26, 1977

Pursuant to Judiciary Law, § 653 the county jury board appoints the county commissioner of jurors. … Ryan v.

Opn. No.

New York Attorney General Reports · Jul 17, 1979

In addition to the above reference, see Aldrich v City of New York, 145 N.Y.S.2d 732 , 208 Misc. 930 , affd 2 A.D.2d 760 , 154 N.Y.S.2d 427 (2nd Dept., 1956). … The City Planning Board required the developer to offer the premises for dedication for park purposes, and as was pointed out above, a public trust was impressed at the moment of vesting of title.

Opn. No.

New York Attorney General Reports · Jan 10, 1977

However, restricting the franchise to owners of real property has been held invalid by Court decision in Matter of Wright, et al . v. … Town Board of the Town of Carlton, et al., 41 A.D.2d 290 , aff'd. 33 N.Y.2d 977 (1973), in which the Court determined that Town Law § 209-e , subdivision 3, was unconstitutional "insofar as it limited the franchise at the

Informal Opinion No.

New York Attorney General Reports · Sep 25, 1984

Stepski v Harford, 286 N.Y. 477 , 485 [1941]; People ex rel. Nechamcus v Warden, 144 N.Y. 529 , 536 [1895]). … Nechamcus v Warden, supra, pp 535-536). Such regulations are an exercise of municipal police powers.

Opn. No.

New York Attorney General Reports · Mar 14, 1994

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. … He pays all bills when ordered to do so by the board of directors of the fire department. All checks are drawn by the treasurer and countersigned by the secretary.

Opn. No.

New York Attorney General Reports · Nov 16, 1976

He shall perform such additional and related duties as may be prescribed by law and directed by the board of supervisors." Thus, the duties of the County Clerk as prescribed by law are numerous. … (See Security Discount Associates, Inc . v. Lynmar Homes Corp., 13 A.D.2d 389 [Second Dept., 1961].)

Opn. No.

New York Attorney General Reports · Nov 18, 1982

(See discussion in West's McKinney's Forms, Real Property Practice, § 3:01, p 270, revised volume 11 [1980], citing Wilhelm v Wilken, 149 N.Y. 447 [1896]; and see also Wallach v Riverside Bank, 206 N.Y. 434 [1912].) … However, a municipality cannot, under the guise of a compromise, give validity to a void or groundless claim ( Andgar Associates, Inc. v Board of Zoning Appeals, 30 A.D.2d 672 [2d Dept, 1968], motion for lv to app denied