N.Y. VIL Law § 17-1703-A — New York Code / Act VIL / Article 17 / Section 17-1703-A
Filling of town offices; election of officers
Status: in_force

§ 17-1703-a Filling of town offices; election of officers. 1. In any\nvillage as to which a town is created to be coterminous with such\nvillage, and in any village which after July first, two thousand twelve\nannexes territory to embrace the entire territory of a town, there shall\nbe submitted to the voters in such village at the November general\nelection next preceding the effective date of the creation of such town\nor annexation of such territory, a proposition as follows: "Shall the\nlocal government of           operate PRINCIPALLY AS A VILLAGE or\nPRINCIPALLY AS A TOWN?" Such proposition shall be presented so that the\nchoice to be indicated by the voter shall be either "VILLAGE" or "TOWN".\nIn any village which annexed territory prior to July first, two thousand\ntwelve to embrace the entire area of a town, the board of trustees may,\nupon its own motion, submit such a proposition to the voters of such\nvillage at the next succeeding November general election.\n  2. Upon the effective date of the creation of the town coterminous\nwith a village, the mayor and the board of trustees of such village\nshall constitute respectively the interim supervisor and town board of\nsuch town for all purposes until their successors shall have been\nelected and commenced their terms of office as hereinbelow provided for.\nAll other elected and appointed village officers shall constitute\nrespectively and corresponding interim officers of such town until their\nrespective successors shall have been elected or appointed, as the case\nmay be, and commenced their terms of office as hereinbelow provided for\nor as otherwise regularly provided by law.\n  3. In any case in which the proposition provided for in subdivision\none of this section shall have resulted in favor of the local government\noperating principally as a village, the holders of village offices\nshall, from and after the effective date of the creation of the town or\nannexation of such territory, by virtue thereof also hold town offices,\nas follows:\n  (a) The mayor and the board of trustees shall constitute respectively\nthe supervisor and the town board.\n  (b) The assessor, clerk and treasurer of the village shall be,\nrespectively, the assessor, clerk and receiver of taxes of the town,\neach for a term of office corresponding to the term of the village\noffice, and the office of superintendent of highways of such town shall\nbe held by such officer or employee of the village as the village board\nshall designate by resolution.\n  (c) Each village justice shall be apppointed to fill a vacancy in the\noffice of town justice, and if there shall have been only one village\njustice in such village, then the village board shall appoint a second\ntown justice to serve for the remainder of the then current calendar\nyear and the office of acting village justice in such village, if any,\nshall be thereupon abolished. The term of any then incumbent village\njustice who shall become a town justice hereunder shall terminate at the\nend of the then current calendar year, notwithstanding that such justice\nmay originally have been appointed or elected as a village justice for\nsome longer term. Town justices shall be elected at the next ensuing\nvillage election for the remainder of the unexpired terms and thereafter\nat village elections for the terms of office regularly provided by law,\nand each town justice shall enter upon and commence his term of office\nat the January first next following his election. All elections of\nofficers thereafter to be held shall be village elections, to be held in\nthe same manner and at the same times as otherwise provided by law for\nthe election of village officers, and there shall be no separate\nelection of any town officers, except as provided above herein with\nrespect to town justices.\n  4. In any case in which the proposition provided for in subdivision\none of this section shall have resulted in favor of the local government\noperating principally as a town, then, at the regular village election\nnext ensuing, all offices to be filled thereat shall be filled for terms\nto end at the conclusion of the then current calendar year. The term of\noffice of each other elected village office shall also end at the\nconclusion of said then current calendar year, notwithstanding that any\nsuch term of office originally extended beyond such date. The offices of\nsupervisor, four town council members and two town justices shall be\nfilled by election as hereinafter provided at the November general\nelection next following the effective date of the creation of such town\nor annexation of such territory; all other town offices shall be\nappointive. The election of the supervisor, council members and justices\nshall be for terms of office as follows:\n  (a) If such election is held in an even-numbered year, then the term\nof office for supervisor shall be the term regularly provided by law;\nthe terms of office for two council members shall be the terms regularly\nprovided by law and the terms for the other two council members shall be\ntwo years each; the term for each justice shall be the term regularly\nprovided by law. Upon the expiration of the two year term for council\nmembers as above provided, the terms for such offices shall be as\nregularly provided by law.\n  (b) If such election is held in an odd-numbered year, then the term of\noffice for supervisor shall be one year; the terms of office for council\nmembers shall be one year for two council members and three years for\nthe other two council members and the terms of office for each justice\nshall be for the remainder of the then unexpired terms. Thereafter, each\noffice shall be filled for the term regularly provided by law.\n  5. In any case in which the proposition provided for in subdivision\none of this section shall have resulted in favor of the local government\noperating principally as a town, then each town officer elected or\nappointed as provided in subdivision four shall constitute also the\ncorresponding village officer, and no separate election of village\nofficers shall thereafter be held. All elections of town officers shall\nbe held in the manner and at the times regularly provided by law for the\nelection of town officers.\n  6. Nothing contained in this section shall diminish the power of the\nboard of trustees pursuant to section 3-302 of this chapter or any other\nprovision of law.\n