Case law

Opn. No.

New York Attorney General Reports · Oct 21, 2003

In In re Balcerak v. … See , e.g. , In re Schafer v.

Informal Opinion No.

New York Attorney General Reports · Jun 17, 1987

v Cook, 34 N.Y.2d 100 , 109 .) … It authorizes the governing board of a county, city, village or town to create a commission on human rights (General Municipal Law, § 239-o ).

Opn. No.

New York Attorney General Reports · Feb 4, 2011

See O'Malley v. Macejka , 44 N.Y.2d 530 , 535 (1978); People ex rel. Ryan v. Green , 58 N.Y. 295 , 304-05 (1874); Matter of Dupras v. County of Clinton , 213 A.D.2d 952 , 953 (3d Dep't 1995). … See Matter of Dupras v. County of Clinton , 213 A.D.2d at 953 .

Opn. No.

New York Attorney General Reports · Oct 1, 1997

Polak v. Schenectady , 181 A.D.2d 233 , 236 (3d Dept 1992). … Op Atty Gen (Inf) No. 92-12; Giordano v. O'Neill , 131 A.D.2d 722 , 723 (2d Dept 1987).

Untitled New York Attorney General Opinion

New York Attorney General Reports · Feb 23, 2023

Matter of O’Brien v. Spitzer, 7 N.Y.3d 239 (2006). … No. 99-F4 (members of Deferred Compensation Board eligible for section 17 coverage) with Op. Att'y Gen.

Opn. No.

New York Attorney General Reports · Jun 21, 1982

See also, Best v Arthur Murray Town Country Dance Club, 60 Misc.2d 660 (Civ Ct, New York Co, 1969). … Moreover, a later specific statute which is in conflict with a prior general statute covering the same subject matter controls the case ( Bloom v Town Board of Town of Yorktown, 80 A.D.2d 823 [2d Dept, 1981]), and the general

Opn. No.

New York Attorney General Reports · Feb 25, 2000

See , Matter of Schulz v New York State Board of Elections , 214 A.D.2d 224 (3d Dept), lv denied , 86 N.Y.2d 848 (1995); Knapp v Monroe County Civil Service Commission , 77 A.D.2d 817 (4th Dept), lv denied , 51 N.Y.2d 708 … Germain v St. Germain , 25 A.D.2d 568 (2d Dept 1966); Op Atty Gen (Inf) No. 82-44.

Opn. No.

New York Attorney General Reports · Jan 16, 1976

office of the county clerk . " Each supervisor, town clerk, collector, receiver of taxes and assessments, justice of the peace, constable, town superintendent of highways, and such other officers and employees as the town board … ONE The case of Entwistle v. Murtaugh, 17 N.Y.2d 6 (1966), was a case involving the same statutes above mentioned and a conflict therein as to the place where the oath of office of a town officer must be filed.

Opn. No.

New York Attorney General Reports · Sep 10, 1980

intended the provision to so operate ( Spear's Sons Co. v Casein Co., 122 App. … Red Seal Pub. v Gilberton Pub., 67 A.D.2d 339 (1st Dept, 1979).

Untitled New York Attorney General Opinion

New York Attorney General Reports · Jul 2, 2016

(Inf.) 176 (board of supervisors must appoint duly licensed physician if coroner is not so licensed), appointed by the county legislature. Id. §§ 400(4-b), 673(2). … People v. Washington, 86 N.Y.2d 189, 192 (1995). “Moreover, Medical Examiners have no authority to gather evidence with an eye toward prosecuting a perpetrator.” Id. at 193. See also Scheufler v.

Opn. No.

New York Attorney General Reports · Jul 25, 2006

See, e.g., Leader v. … Co. v. City of Brooklyn, 18 N.Y.S. 876 (Brooklyn City.

Opn. No.

New York Attorney General Reports · Dec 17, 2007

Frank v. Balog , 189 Misc 1016 , 1019 (Sup. Ct. Westch. County), aff'd , 272 A.D. 941 (2d Dep't 1947). In Dairymen's League Coop. Ass'n v. … See Board of Education of New York v. Goldin , 94 Misc. 2d 574 (Sup.Ct. Kings County 1978), aff'd , 72 A.D.2d 603 (2d Dep't 1979); Grills v. Giambra , 114 Misc. 2d 571 (Sup.Ct. Erie County 1982) .

Informal Opinion No.

New York Attorney General Reports · Aug 26, 1983

Continuing residency requirements need only pass the rational basis test in order to be found constitutional. ( Wardwell v Board of Education of City School District, 529 F.2d 625 , 628 [1976].) … Co. v Craner, 30 A.D.2d 437 [4th Dept, 1968]).

Opn. No.

New York Attorney General Reports · Jun 8, 2001

See Bryant v. New York City Health and Hosps. Corp ., 93 N.Y.2d 592 , 602 (1999). Indeed the touchstone of statutory interpretation in this State is the intent of the Legislature. Riley v. … See Prisoners' Legal Services of New York v.

Untitled New York Attorney General Opinion

New York Attorney General Reports · Jul 2, 2016

Ray v. … Co. v.

Opn. No.

New York Attorney General Reports · Dec 23, 2003

No. 82-5 (1982) (municipality is without authority to establish building code enforcement board). We note that the Legislature has authorized administrative procedures for the adjudication of certain types of offenses. … People v. Scalza , 76 N.Y.2d 604 , 608 (1990).

Opn. No.

New York Attorney General Reports · Dec 21, 2004

."); Matter of Property Clerk of New York City Police Dep't v. … See , e.g. , County of Nassau v.

Formal Opinion No.

New York Attorney General Reports · Dec 31, 1986

Similarly, in South Dakota Trucking Assoc. v South Dakota Dept. of Transporation, 305 N.W.2d 682 , 686-687 (1981), the South Dakota Supreme Court held that the state transportation board could routinely issue special permits … Janklow v Dole, Civ 84-4268 (SDSD, June 17, 1985).

Opn. No.

New York Attorney General Reports · Feb 6, 1992

Proposal No. 146 read, in pertinent part: "In further aid of such public purposes the legislature may by law delegate the foregoing powers or any of them to any state department, officer, board or commission or to any political … Local Government Handbook, 3d Edition, 1982, State of New York Department of State, Ch V, pp 63, et seq .

Opn. No.

New York Attorney General Reports · May 18, 1990

For this reason, the Town Board of the Town of Arietta request [ sic ] this amendment". … The courts have adhered to a strict and literal construction of the provisions of the Constitution dealing with the Forest Preserve ( Kenwell v Lee, 261 N.Y. 113 , 116-117 [1933]).