Case law

Opn. No.

New York Attorney General Reports · May 5, 1993

Petri v Milhim, 139 A.D.2d 652 (2d Dept 1988). … Petri v Milhim, supra, p 653 . In Petri v Milhim, the village had created a Board of Police Commissioners.

Informal Opinion No.

New York Attorney General Reports · Jun 24, 1986

James, 775 F.2d 627 [5th Cir, 1985]); Warren County v State of North Carolina, 528 F. Supp. 276 [ED North Carolina, 1981]). … Bruce Church, 397 U.S. 137 , 142 [1970]; Head v Board of Examiners, 374 U.S. 424 [1963]).

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 · Dec 18, 1991

Edward V. Regan, State Comptroller Alfred E. … See, Brown v New York State Teachers Retirement System, 107 A.D.2d 103 , 109 (3d Dept 1985), lv denied, 66 N.Y.2d 601 (1985).

Opn. No.

New York Attorney General Reports · Jul 21, 2003

Wulff v. Teachers' Retirement Board of City of New York , 27 A.D.2d 929 , 930 (1st Dep't 1967), aff'd , 21 N.Y.2d 802 (1967).

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 · Jun 29, 1998

Vehicle and Traffic Law §§ 1600 , 1604 ; People v. Grant , 306 N.Y. 258 (1954). … Section 1660-a provides, in pertinent part, as follows: The town board of any town, with respect to the parking areas and driveways of a hospital, office building or office building complex or place of public assembly, or

Opn. No.

New York Attorney General Reports · Feb 6, 1998

Coker v. City of Schenectady , 200 A.D.2d 250 (3d Dept 1994), appeal dismissed , 84 N.Y.2d 1027 (1995). … See, Corning v. Village of Laurel Hollow , 64 A.D.2d 918 (2d Dept 1978), affd , 48 N.Y.2d 348 (1979).

Opn. No.

New York Attorney General Reports · Jul 15, 1977

The Court in Pettit v. … Nor do we find that there has been an interference with liberty and property of such a nature as would cause us to invoke the requirements of procedural due process (see Board of Regents v Roth, 408 U.S. 564 ). * * *" From

Opn. No.

New York Attorney General Reports · Mar 23, 1979

We are mindful of the ruling in Velez v Sugarman (Sup Ct, NY County, 1973), 75 Misc.2d 746 , but feel that it is readily distinguishable from this situation. … exemption is, of course, applicable only during the limited duration of the special patrolmen's appointment while on duty (see 1965 Atty Gen [Inf Opns] 95) and subject to any other limitation or condition imposed by the board

Opn. No.

New York Attorney General Reports · Feb 3, 1995

Morin v Foster , 45 N.Y.2d 287 (1978); 1983 Op Atty Gen (Inf) 93, 96; 1970 Op Atty Gen (Inf) 80. … Any time an elective officer's powers are abolished, curtailed or transferred, notwithstanding that another board member's powers are increased, a mandatory referendum is required.

Opn. No.

New York Attorney General Reports · Dec 29, 1998

The State Board of Elections reached the same conclusions, relying upon our 1971 opinion. 1978 Formal Opinion No. 7. The 1971 opinion of the Attorney General also cites Matter of Gretzinger v. … Wilson v. NYS Liquor Authority , 52 N.Y.2d 741 (1980); Rosica v. State Liquor Authority , 69 A.D.2d 1015 (4th Dept 1979).

Informal Opinion No.

New York Attorney General Reports · Sep 19, 1984

Cultural Resources, 46 N.Y.2d 358 , 371 [1978]; Murphy v Erie County, 28 N.Y.2d 80 , 87 , 88 [1971]; 1981 Op Atty Gen [Inf] 97, 98). … The statutes authorizing this assistance are presumed to be constitutional ( Eaton v New York City Conciliation and Appeals Board, 56 N.Y.2d 340 , 346 [1982]).

Informal Opinion No.

New York Attorney General Reports · Sep 26, 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. … village tax purposes, and Op Atty Gen (Inf) 82-51, in which we stated that the offices of town assessor and village trustee are incompatible if the village uses the town assessment roll for village tax purposes or if the board

Opn. No.

New York Attorney General Reports · May 8, 1991

Section 155 of the Town Law establishes procedures for disciplining members of town police departments and authorizes the town board to suspend an officer without pay pending the trial of charges. … In your letter, you make reference to Matter of Owen v Town of Wallkill, 94 A.D.2d 768 (2d Dept), lv denied, 60 N.Y.2d 560 (1983).

Opn. No.

New York Attorney General Reports · Dec 29, 2003

See , e.g ., Tennessee Gas Pipeline Co. v. … Board , 999 F.2d 354 (8th Cir. 1993) (discussing Pipeline Safety Act, 49 U.S.C. § 60101 et seq ., in context of federal preemption of state legislation); Jersey Central Power Light Co. v.

Opn. No.

New York Attorney General Reports · Sep 20, 2006

With respect to property under its jurisdiction, the Thruway Authority is authorized "to sell, exchange, or otherwise dispose of any real property not necessary for its corporate purposes or whenever the [governing] board … March 9, 2005). 6 Section 2897(6) (c) (v) exempts from public bidding dispositions for less than fair market value.

Opn. No.

New York Attorney General Reports · May 6, 1977

BARRY Chairman, New York State Racing and Wagering Board This is in response to your letter of April 22, 1977, which requests whether section 369-e of the General Business Law permits the use of the game of bingo by a profit-making … In Kayden Industries, Inc . v.

Opn. No.

New York Attorney General Reports · Apr 25, 1978

General Municipal Law, § 96-a , provides in part: "In addition to any power or authority of a municipal corporation to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing board … "It is axiomatic that local governmental units are creatures of, and exercise only those powers delegated to them by, the State * * *" ( Seaman v Fedourich, 16 N.Y.2d 94 , 101 [1965].)