Legal Opinion
Opn. No.
New York Attorney General Reports
Decided July 26, 1991Published
1Opinion of the Court
Requestor: John M. Sipos, Esq., County Attorney County of Seneca 54 Johnston Street Seneca Falls, New York
Written by: Patrick Barnett-Mulligan, Assistant Attorney General
You have asked whether the offices of county attorney and district attorney are compatible.
In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office isPeople ex rel. Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is…
2Cases cited7 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- People v. Van SickleNew York Court of Appeals · 1963
- People v. CzajkaNew York Court of Appeals · 1962
- Davis Construction Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1983
- Davis Construction Corp. v. County of SuffolkNew York Supreme Court · 1982
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