Case law

Opn. No.

New York Attorney General Reports · Oct 19, 1981

Except as otherwise provided by special act", it is clear that the Legislature anticipated that some municipalities might wish appointments of members to be made by someone other than the "governing body", which is the "board … You mention that the case of Heimbach v Mills, 67 A.D.2d 731 (2nd Dept, 1979), is relied upon to justify the county's charter power to "amend" Article 18-A.

Opn. No.

New York Attorney General Reports · Oct 19, 1978

For survey of premises in event of neglect or refusal of person served with notice to comply with same, said survey to be made by an inspector and architect to be named by town board and a practical builder, engineer or architect … In Rozler v Franger, 61 A.D.2d 46 (4th Dept, 1978), the Appellate Division referred to the Legislature's amendment of section 10, subdivision 1, paragraph (d) of the Municipal Home Rule Law by the addition of subparagraph

Opn. No.

New York Attorney General Reports · Jul 19, 1978

The preceding section, CPL 20.40 , makes reference to bodies of water (about which you inquire) in subdivision (4)(h): "(h) An offense committed on board a vessel navigating or lying in any river canal or lake flowing through … See People v Heath, 77 Misc.2d 215 (Schuyler County Court, 1974), a copy of which is enclosed for your convenience.

Informal Opinion No.

New York Attorney General Reports · Sep 28, 1983

The State Board of Elections has concluded that "there is nothing in the Election Law which limits the use of surplus funds" (1979 Formal Opinion #3). … The provisions of the Election Law provide no basis for such a conclusion, nor is it consistent with judicial interpretation ( Bareham v City of Rochester, supra ).

Opn. No.

New York Attorney General Reports · Sep 26, 1995

Dennis V. Tobolski, Esq. Informal Opinion County Attorney No. 95-47 County of Cattaraugus 303 Court Street Little Valley, N Y 14755 Dear Mr. … General Municipal Law § 209-j states: The board of supervisors in any county may appropriate and expend such sums as it may deem necessary and proper for the establishment and maintenance of a county mutual aid plan in cases

Opn. No.

New York Attorney General Reports · Oct 27, 1992

The State pays to § 4201 schools board, lodging and tuition for deaf pupils and blind pupils attending § 4201 schools, pursuant to the provisions of Ed L §§ 4204 and 4207, respectively. … Doctors Council, et al. v New York City Employees' Retirement System, et al., 71 N.Y.2d 669 (1988). Your counsel directs our attention to 1965 Op Atty Gen 25.

Opn. No.

New York Attorney General Reports · Jun 6, 2005

People v. Randazzo, 60 N.Y.2d 952 , 953-54 (1983); see also Cohen v. Board of Trustees of the Inc. Village of Flower Hill , 198 A.D.2d 468 , 469 (2d Dep't 1993) (same). … Friedman v.

Opn. No.

New York Attorney General Reports · Feb 23, 1976

Nevertheless, we recommend that you examine the decisions in Shapiro v. Thompson, 394 U.S. 618 (1969); NLRB v. Borg-Warner Corp., 356 U.S. 342 (1958); Hanson v. Unified School District, 364 F. … Supp. 330 (1973); and Board of Education, Union Free School District No. 3, Town of Huntington v. Associated Teachers of Huntington, 30 N.Y.2d 122 (1972).

Informal Opinion No.

New York Attorney General Reports · Jun 16, 1988

Ed. v Town of Red Hook, 60 N.Y.2d 99 , 108 [1983]; People v DeJesus, 54 N.Y.2d 465 , 472 [1981]; Wholesale Laundry Bd. of Trade v City of New York, 17 A.D.2d 327 , 329-330 [1962], 18 A.D.2d 968 [1963], affd 12 N.Y.2d 998 … Lefkowitz, 32 N Y 2d 457 ; Matter of Whalen v Lefkowitz, 36 N.Y.2d 75 ; Apfelberg v East 56th Plaza, 78 A.D.2d 606 , app dsmd 54 N.Y.2d 680 .)

Opn. No.

New York Attorney General Reports · Apr 8, 1999

In Grant v. … See also , Education Law § 2610 (4), relating to the election of school board members.

Opn. No.

New York Attorney General Reports · Feb 18, 1999

.; Matter of McCabe v. Voorhis , 243 N.Y. 401 (1926); Mills v. Sweeney , 219 N.Y. 213 (1916). … Such charter may provide for the appointment of any county officers or their selection by any method of nomination and election, provided that there shall be an elective board of supervisors, the members of which shall be

Opn. No.

New York Attorney General Reports · Sep 2, 1992

Matter of Common Council of the City of Gloversville v Town Board of the Town of Johnstown, 32 N.Y.2d 1 (1973).

Opn. No.

New York Attorney General Reports · Nov 29, 1976

Braffett v. Brooklyn Q.C. and S.R. … Woodhaven Gas Co . v.

Opn. No.

New York Attorney General Reports · Jun 27, 1980

There shall be an administrative board of the courts which shall consist of the chief judge of the court of appeals as chairman and the presiding justice of the appellate division of the supreme court of each judicial department … fact that some of these latter employees may be deputy county clerks authorized to perform the "usual political or governmental functions" of the county clerk when he is unavailable, is not determinative. ( Prendergast v

Opn. No.

New York Attorney General Reports · Sep 15, 2006

Section 1622 provides that [t]he [State D]epartment of [T]ransportation upon the request of . . . the town board of the town or towns affected with respect to . . . town highways in such town or towns outside of cities or … Highway Law § 189 (town highway established by use); Matter of Hillelson v. Grover, 105 A.D.2d 484 , 485 (3d Dep't 1984) (highway must be maintained by town authorities to become town highway by use).

Opn. No.

New York Attorney General Reports · Nov 22, 1977

Section 355 (2[b]) of the Education Law authorizes the Board of Trustees of the State University to make and establish rules and regulations, not inconsistent with law, for the government of the State University and institutions … Gen. 410; State Tax Commission v. Barnes, 14 Misc.2d 311 [Co. Ct., Franklin Co., 1958]; Powless v. State Tax Commission, 22 A.D.2d 746 [3d Dept., 1964], affd. 16 N.Y.2d 946 [1965]).

Opn. No.

New York Attorney General Reports · Mar 27, 2002

Compare Boodram v. NYU Downtown Hosp ., 2002 N.Y. App. Div. … See Kemp's Bus Service, Inc. v.

Opn. No.

New York Attorney General Reports · May 29, 1980

Likewise, there are cases holding that these officers are not State officers for whose acts the State is liable ( Fisher v State, 10 N.Y.2d 60 [1961] [district attorney]; Fonfa v State, 88 Misc.2d 343 [Ct Cl, 1976] [sheriff … (See, Enders v Rossi, 45 A.D.2d 447 [4th Dept, 1974], affd 34 N.Y.2d 966 .)

Opn. No.

New York Attorney General Reports · Dec 29, 1982

Wheeler v Townsend, 102 N.Y. 430 , 439 [1886]; People v Keeler, 17 N.Y. 370 , 376-7 [1858]). … This perforce is an informal and unofficial expression of views of this office. * Apparently through oversight, this section was not amended. ** The section was amended in 1978 to exclude boards of education from the prohibition

Opn. No.

New York Attorney General Reports · Sep 14, 2005

See, e.g., Effron v. State, 208 Misc. 608 (Ct.Cl. 1953); Green v. State, 107 Misc. 557 (Ct.Cl. 1919). … ground that the Board is then "conduct[ing] public business and perform[ing] a governmental function for the State."