Case law

Informal Opinion No.

New York Attorney General Reports · May 22, 1984

The Court construed a statute providing that "no person shall hold at the same time the office of member of the board of education and any city office", and concluded that under this language a person holding a city office … Ryan v Green, 58 N.Y. 295 [1874]; People ex rel. Miller v Mynderse, supra; Mtr. of Dykeman v Symonds, 54 A.D.2d 159 [4th Dept, 1976]).

Opn. No.

New York Attorney General Reports · Nov 7, 1990

In Richard's Service Station, Inc. v Town of Huntington ( 79 Misc.2d 834 [Sup Ct, Suffolk Co, 1974], mod 47. … It provides: "Any restriction or regulation imposed by the governing board of a municipal corporation upon the inhabitants of any other municipal corporation within this state, carrying on or desiring to carry on any lawful

Informal Opinion No.

New York Attorney General Reports · Nov 30, 1983

Matter of MacDonald v Ordway, 219 N.Y. 328 , 332 [1916]; Matter of Haller v Carlson, supra, p 830 ). … He has also assumed chairmanship of the Board of Contract and Supply. We are of the opinion that the Commissioner of Finance is a public officer.

Informal Opinion No.

New York Attorney General Reports · Sep 28, 1987

These provisions govern the production of conviction records and other records ( Matter of Werfel v Fitzgerald, 23 A.D.2d 306 [2d Dept, 1965]; 1979 Op Atty Gen [Inf] 132). … Adopt appropriate measures to assure the security and privacy of identification and information data". * "`Qualified agencies' means courts in the unified court system, the administrative board of the judicial conference,

Informal Opinion No.

New York Attorney General Reports · Aug 7, 1989

In a recent opinion of the Court of Appeals, the issues were similar ( Jancyn Mfg. v Suffolk County, 71 N.Y.2d 91 [1987]). … While the declaration of legislative findings indicated a policy to eliminate the introduction of toxic chemicals into Long Island ground waters, it was found that there was no indication of a desire for across-the-board

Opn. No.

New York Attorney General Reports · Sep 18, 2008

Section 80 provides that [a]ny restriction or regulation imposed by the governing board of a municipal corporation upon the inhabitants of any other municipal corporation within this state, carrying on or desiring to carry … See City of Columbus v. Ours Garage Wrecker Serv., Inc , 536 U.S. 424 (2002); Loyal Tire Auto Center, Inc. v. Town of Woodbury , 445 F.3d 136 , 145 (2 nd Cir. 2006); and Auto. Club of N.Y. v.

Opn. No.

New York Attorney General Reports · Jan 18, 1980

The expression "as provided by law" refers, at least in part, to County Law § 204 which provides, in pertinent part, as follows: "In addition to those positions of employment specifically provided by law, the board of supervisors … Matter of Collins v City of Schenectady, 256 App.

Opn. No.

New York Attorney General Reports · Jun 4, 2004

See Mastandrea v. Travia , 20 N.Y.2d 678 (1967). … Bast v. Voorhis , 227 N.Y. 167 , 173 (1919) ("The expiration of a term necessarily creates a vacancy therein."); People ex rel. Mitchell v.

Opn. No.

New York Attorney General Reports · Nov 7, 1990

City of New York, 69 N.Y.2d 211 , 217 [1987], affd 487 U.S. 1 [1988]; Consolidated Edison Co. v Town of Red Hook, 60 N.Y.2d 99 , 105 [1983]; Marcus v Baron, 57 N.Y.2d 862 [1982]; Kim v Town of Orangetown, 66 Misc.2d 364 , … In the past, courts have found that State legislation in the areas of minimum wage laws ( Wholesale Laundry Board of Trade, Inc. v City of New York, 17 A.D.2d 327 [1st Dept, 1962], affd 12 N.Y.2d 998 [1963]); regulation of

Opn. No.

New York Attorney General Reports · Nov 19, 1976

In Matter of Courtney Bell v. … Corp.], 18 N.Y.2d 114 ; Matter of New York Post Corp . v Moses, 10 N.Y.2d 199 ; Matter of Smith v Levitt, 37 A.D.2d 418 ; Goodman v City of New York, 46 Misc.2d 432 ; Ciulla v State of New York, 191 Misc 528 )."

Opn. No.

New York Attorney General Reports · Dec 31, 1984

The board of the corporation by resolution may direct any of the directors, officers, or employees of the corporation to organize any such subsidiary corporation as a public benefit corporation * * *. * * * "Each such subsidiary … A corporation formed under Article 2 of the Private Housing Finance Law is a limited-profit business company, which is not a public corporation ( Matter of Edgerton Estates v Joy Company, 78 Misc.2d 961 [Sup Ct, Onondaga

Opn. No.

New York Attorney General Reports · Sep 26, 1991

The ETPA authorizes the municipality to establish a rent guidelines board which in turn establishes guidelines for and otherwise regulates the allowable rent for housing accommodations in the municipality. … Assoc. v Lunghi, 129 Misc.2d 1044 (NYC Civil Ct 1985); Nelson v Yates, 127 Misc.2d 234 (NYC Civil Ct 1984).

Opn. No.

New York Attorney General Reports · Mar 3, 1976

And to the same effect are the following authorities: Minot v. Inhabitants of West Roxbury (supra); Anthony v. Adams ( 1 Met. 284 ); Parsons v. Inhabitants of Goshen ( 11 Pick. 396 ); Lemnon v. … City of Newton ( 134 Mass. 476 ); Cornell v. Town of Guilford ( 1 Denio, 510 ); Board of Supervisors v. Ellis, ( 59 N.Y. 620 )."

Opn. No.

New York Attorney General Reports · Dec 28, 1982

In People v Witherspoon, 52 Misc.2d 320 (Dist Ct, Suffolk Co, 1966), a case precisely on point, it was held that the use of MTA property for the erection and maintenance of commercial bill-boards has no direct bearing on … See People v Witherspoon, supra .

Informal Opinion No.

New York Attorney General Reports · Sep 25, 1984

. * The courts have recognized this in upholding the validity of charter laws, which were inconsistent with general state laws ( Matter of Smithtown v Howell, 31 N.Y.2d 365 [1972]; ** Matter of Heimbach v Mills, 67 A.D.2d … Appeals upheld a charter law vesting the county planning commission with veto power over local zoning actions. *** The Real Property Tax Law by general law provided for real property tax equalization rates to be set by the board

Opn. No.

New York Attorney General Reports · Jul 20, 2011

Matter of Barton Trucking Corp. v. O'Connell , 7 N.Y.2d 299 , 307 (1959); People ex rel. Schwab v. Grant , 81 Sickels 473, 481 (1891); Maytum v. Nelson , 53 A.D.2d 221 , 227 (4 th Dep't 1976). … In Rill v. Chiarella , 50 Misc. 2d 105 (Sup.

Opn. No.

New York Attorney General Reports · Dec 28, 1990

See also, Whittaker v Franklinville, 265 N.Y. 11 , 14 (1934) (state alone has the power to establish a municipal corporation); Markey v Queens County, 154 N.Y. 675 (1898) (subject to state constitutional limitations, state … Co. v Royal Drug Co., 440 U.S. 205 , rehearing den 441 U.S. 917 1979]).

Opn. No.

New York Attorney General Reports · May 23, 1995

McGovern v Curran , 297 N.Y. 479 (1947); Dillon v Shaffer , 144 Misc.2d 1079 (Sup Court Erie Co 1989). … Lempp v Board of Elections , 224 N.Y. 633 (1918), explained by People ex rel. Bast v Voorhis , 227 N.Y. 167 , 172 (1919); 1903 Atty Gen Rep 376; 1911 Op Atty Gen 578; 1924 Op Atty Gen 225.

Opn. No.

New York Attorney General Reports · Apr 6, 2000

Kline v. County of Hamilton , 235 A.D.2d 44 (3d Dep't 1997). … Only in the event that action is taken by a formal vote at an executive session do both FOIL and the Open Meetings Law require a public record of the manner in which each Board member voted. Id .

Opn. No.

New York Attorney General Reports · Oct 26, 1976

I am also not unmindful of Warney v. Board of Education ( 290 N.Y. 329 [1943]), wherein a girl of 12 was injured while working in a cafeteria of defendant's school. … In this connection, I might refer you to the case of Jones v.