Case law

Opn. No.

New York Attorney General Reports · Mar 21, 1979

You note that there was never any application for a variance made to the Zoning Board and ask whether a variance is required or whether the nonconforming use status would automatically attach to the new mobile home. … Inc . v Town of Chatham [3d Dept, 1969], 33 A.D.2d 78 ).

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]).

Opn. No.

New York Attorney General Reports · Oct 20, 1980

It is proper to avoid a strict interpretation of statutory language and apply that interpretation which best effectuates the intent of the Legislature (McKinney's Statutes § 111; Banker's Association v Albright, 38 N.Y.2d … In order to implement that legislative intent, the Family Court in Freeman held that an alleged PINS who is held in a non-secure agency boarding home is not in "detention" for purposes of the criminal escape provisions of

Opn. No.

New York Attorney General Reports · Jan 15, 1993

You have noted that in a prior opinion of this office, we found that a local government by local law may grant to its board of ethics investigatory and enforcement authority. Informal Opinion No. 91-68. … Siegal v Dros, 14 A.D.2d 66 , 70 (1st Dept 1961), revd on other grounds, 11 N.Y.2d 167 (1962). The reasonableness of the fine will depend on the nature of the particular violation.

Informal Opinion No.

New York Attorney General Reports · Feb 21, 1985

Because the board of trustees of a village can make the violation of its regulations an offense of misdemeanor grade or lower (Municipal Home Rule Law, § 10 [4][b]; Village Law, § 20-2006 ), it would appear that village justices … It also noted that search warrants would not be issued to building inspectors ( People v Katz, 102 Misc.2d 755 [City Ct of Long Beach, 1980]).

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].)

Opn. No.

New York Attorney General Reports · Jul 23, 1981

The Court concluded that the goal of protecting community health might have been adequately achieved through health inspections or through non-discriminatory, across-the-board limitation on the quantity, type or state of … Steel Corp. v Gerosa, 7 N.Y.2d 454 , 459 [1960]; Mobil Oil Corp. v Huntington, 85 Misc.2d 800 , 805-806 [Sup Ct, Special Term, Suffolk Co, 1975]).

Opn. No.

New York Attorney General Reports · Aug 25, 1997

McMinn v. Town of Oyster Bay , 66 N.Y.2d 544 (1985). In City of Cleburne, Texas v. … See , e.g ., Bangerter v.

Opn. No.

New York Attorney General Reports · Dec 8, 1982

These restrictions include the constitutional prohibition against gifts to private corporations or associations (NY Const, Art VIII , § 1 ) and the requirement that the expenditure be authorized by statute ( Hess v Board … A "gift" within the prohibition of Article VIII is defined as a voluntary transfer of money or property without any consideration or compensation therefor ( Lecci v Nickerson, 63 Misc.2d 756 [Sup Ct, Nassau Co, 1970]).

Opn. No.

New York Attorney General Reports · May 18, 2000

Mandelkern v. City of Buffalo , 64 A.D.2d 29 (4th Dep't 1978). … Kamhi v. Town of Yorktown , 74 N.Y.2d 423 (1989).

Opn. No.

New York Attorney General Reports · Nov 7, 1990

The Court of Appeals has found that city marshals are independent contractors ( Matter of Unified Court System, State of New York v Roberts, 58 N.Y.2d 876 [1983]). … Under section 18, the term "employee" is defined broadly: "The term `employee' shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate

Opn. No.

New York Attorney General Reports · Nov 14, 1996

Public Health Law § 228 (3); see , Matter of Bri-Mar Corp. v. Town Board of the Town of Knox , 74 N.Y.2d 826 (1989). … Corp. v.

Opn. No.

New York Attorney General Reports · Apr 9, 2005

See Town Law § 65 (1) (town board may direct any town officer to institute or appear in any action or legal proceeding in name of town); id . § 20(2) (town board may establish office of town attorney or employ counsel as … (citing People v.

Opn. No.

New York Attorney General Reports · May 9, 1977

It is stated in Simmons v. Berry, etc., 210 App. … See, also, Matter of Miller v. Ruehl, etc., 166 Misc. 479 (1938) and Matter of Borazani, et al . v. Brighton, etc., 20 Misc.2d 844 (1959). An interesting decision is contained in Matter of Hillary v.

Opn. No.

New York Attorney General Reports · May 9, 1995

You advised us that the police department has a longstanding policy of posting the results of disciplinary matters on a department bulletin board located in an area of police headquarters that is off limits to the public. … See , Matter of Capital Newspapers Division v Burns , 67 N.Y.2d 562 (1986).

Opn. No.

New York Attorney General Reports · Jul 7, 2000

See Public Officers Law §§ 73 (1)(g), 73-a (1)(b). 2 See Matter of Apollon v. Giuliani , 246 A.D.2d 130 (1st Dep't 1998), ap. dism., 94 N.Y.2d 1046 (1999). … treated as the City of New York rather than the State and that an award of attorney's fees was therefore not available. 3 Education Law § 6203 provides that "[t]he separate and distinct body corporate designated as the board

Opn. No.

New York Attorney General Reports · Jul 1, 1982

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 county board of supervisors may authorize the appointment of attorneys to assist the commissioners of the county social services districts (Social Services Law, § 66 [1]).

Opn. No.

New York Attorney General Reports · Oct 23, 1979

In order to improve procedures for the professional discipline of physicians, the State Board for Professional Medical Conduct was created by chapter 109 within the Department of Health to conduct proceedings in connection … for the same purpose, i.e., elimination of the malpractice insurance crisis, such statutes are in pari materia and must be interpreted and construed together and in light of each other (McKinney's Statutes, § 97; Baldine v

Opn. No.

New York Attorney General Reports · May 13, 1977

You state in your letter that investigation discloses no action by the town board to make the office of receiver of taxes and assessments an appointive office, from which you conclude that no such action has been taken, and … The term "mode of selection" of an officer was interpreted by the Court of Appeals in Bareham v.

Opn. No.

New York Attorney General Reports · Apr 7, 2003

People v. Judiz , 38 N.Y.2d 529 , 532 (1976) (quoting People v. Cook , 34 N.Y.2d 100 , 109 (1974)). … Parts 350, 351; People v. Hale , 93 N.Y.2d 454 , 461-462 (1999).