Case law

Opn. No.

New York Attorney General Reports · May 11, 1976

To preside at the meetings of the board of trustees, and may have a vote upon all matters and questions coming before the board * * *." Village Law, § 4-412 (2), provides, in part: "2. Procedure for meetings. … Mills v. Sweeney, 219 N.Y. 213 . See, also, Browne v. City of New York, 241 N.Y. 96 ; Matter of McCabe v. Voorhis, 243 N.Y. 401 ; Elkind v.

Opn. No.

New York Attorney General Reports · Oct 28, 1977

In Brown v North Country Community College, 63 Misc.2d 442 (Supreme Court, Essex County, 1970), the Court stated: "It is the opinion of this court that a community college such as the North Country Community College is an … Wiess, supra ); nevertheless, the College has an "existence of its own" and is "an independent entity" ( Brown v North Country Community College, supra ).

Opn. No.

New York Attorney General Reports · Oct 21, 2003

Jonathan David Brown Esq. Informal Opinion Attorney No. 2003-12 Davis Park Fire District 737 Roanoke Avenue Riverhead, New York 11901 Dear Mr. … [The] governing board of any fire district . . . by resolution may restrict such outside service . . . to such extent as it shall deem advisable."

Informal Opinion No.

New York Attorney General Reports · Aug 13, 1987

Brown, Esq. … The decisions of local boards have been set aside based upon a judicial finding of conflicts of interest of board members participating in the decisions ( ibid.; Taxpayers' Association v Town Board, 69 A.D.2d 320 [2d Dept

Informal Opinion No.

New York Attorney General Reports · Dec 4, 1989

Brown, Esq. Village Attorney, Wesley Hills You have asked whether the offices of acting village justice and member of the village planning board are compatible. … 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.

Opn. No.

New York Attorney General Reports · Sep 3, 1998

Mills v. Sweeney , 219 N.Y. 213 (1916); Browne v. City of New York , 241 N.Y. 96 (1925); Matter of McCabe v. Voorhis , 243 N.Y. 401 (1926). … Therefore, the board of trustees first must enact a local law providing for abolition of the police department.

Informal Opinion No.

New York Attorney General Reports · Nov 13, 1987

Co. v Delany, 28 N.Y.2d 449 , 457 [1971]; Matter of Westchester Reform Temple v Brown, 22 N.Y.2d 488 , 496 [1968]), and can be considered by municipal officials in approving plans for development ( Holmes v Planning Board … Thus, traffic flow is a legitimate concern and may be reasonably regulated in the subdivision approval process ( Church v Town of Islip, 8 N.Y.2d 254 , 259 [1960]; Holmes v Planning Board, 78 A.D.2d 1 , 15 [2d Dept, 1980]

Untitled New York Attorney General Opinion

New York Attorney General Reports · Jul 2, 2016

Clark v. Cuomo, 104 A.D.2d 188, 191 (3d Dep’t 1984); aff’d, 66 N.Y.2d 185 (1985). … See Clark v. Cuomo, 104 A.D.2d at 192.

Opn. No.

New York Attorney General Reports · Mar 20, 1981

Town Attorney, Lyons You request our opinion whether one or more members of a town board may conduct an informal poll of constituents to determine the feeling of the community concerning an issue upon which the town board … See, for instance, Mills v Sweeney, 219 N.Y. 213 (1916); Browne v City of New York, 241 N.Y. 96 (1925); Matter of McCabe v Voorhis, 243 N.Y. 401 (1926); Elkind v City of New Rochelle, 5 Misc.2d 296 (Sup Ct, Westchester Co

Opn. No.

New York Attorney General Reports · Nov 19, 1997

Brown, Esq. Informal Opinion Town Attorney No. 97-53 Town of Milton One East Street Ballston Spa, N Y 12020 Dear Mr. … 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.

Opn. No.

New York Attorney General Reports · Nov 30, 1978

People v Ribinovich, 171 Misc. 569 , 570 (App Pt, Spec Sessions, 2d Dept, 1939). See also, Blank v Browne, 217 App. Div. 624 (2d Dept, 1926); Gushee v City of New York, 42 App. Div. 37 (1st Dept, 1899). … While it is the duty of the public body to let out such concessions under terms which are fair and just ( Blank v Browne, supra), it seems to us that the collateral and intangible benefits derived by the town may be considered

Opn. No.

New York Attorney General Reports · May 18, 2004

Informal Opinion Counsel No. 2004-6 Hammondsport Fire District Boylan, Brown, Code, Vigdor Wilson, LLP 2400 Chase Square Rochester, New York 14604 Dear Mr. … 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).

Opn. No.

New York Attorney General Reports · Nov 30, 2011

Tebo, Esq., Department of State Legislative Counsel, to Terryl Brown Clemons, Esq., Acting Counsel to the Governor (July 28, 2008), reprinted in Bill Jacket for ch. 392 (2008), at 12 (relating to Fund). … See Tango v. Tulevech , 61 N.Y.2d 34 , 40 (1983).

Formal Opinion No.

New York Attorney General Reports · Dec 31, 1985

Bermuda, although not a foreign country, has the status of a British dependency (Bermuda Constitution Act, 1967, Constitutions of Dependencies and Special Sovereignties, pp 1-4; see Connell v Vermilya-Brown, Inc., 164 F.2d … Vaughn, Counsel, New York State Racing and Wagering Board, January 17, 1985).

Opn. No.

New York Attorney General Reports · May 14, 1979

Brown Counsel to the Governor You ask whether the Governor may appoint to the Office of Business Permits created by Chapter 770 of the Laws of 1978 (new Article 39 of the Executive Law, §§ 875 to 893, inclusive) a director … Reference to these opinions of the City Board of Ethics indicates the desirability of incorporating into a written agreement or communication the restrictions to be imposed upon the proposed public officer's or employee's

Informal Opinion No.

New York Attorney General Reports · Jan 28, 1983

Parker v Brown, 317 U.S. 341 (1943), involved regulations enacted by the California State Legislature, which established a program enforced by state officials to restrict competition among the growers of raisins and to maintain … Parker v Brown, 317 U.S. 341 (1943), involved regulations enacted by the California State Legislature, which established a program enforced by state officials to restrict competition among the growers of raisins and to maintain

Opn. No.

New York Attorney General Reports · Sep 7, 2005

See Brown v. Pitcairn, Index No. 114295 (Sup.Ct. St. Lawrence Co. … See Brown v. Pitcairn, Index No. 114295 (Sup.Ct. St. Lawrence Co.

Opn. No.

New York Attorney General Reports · Feb 7, 2011

(Inf.) 202 (county board of supervisors may acquire either fee title or easement for purpose of constructing and improving county highway). Title to the trees depends on title to the land. … See , e.g. , Brown v. State , 2 Misc. 2d 307 , 308 (Ct.

Opn. No.

New York Attorney General Reports · Jun 10, 2008

Hoefle v. Cahill , 188 N.Y. 489 , 494 (1907); see also Haller v. Carlson , 42 A.D.2d 829 (4th Dep't 1973) . … Network v.

Opn. No.

New York Attorney General Reports · Feb 28, 2007

Gladsky v. … Lloyd Capital Corp. v. Henchar, Inc. , 80 N.Y.2d 124 , 127 (1992) (quoting Rosasco Creameries v. Cohen , 276 N.Y. 274 , 278 (1937)).