NY Pub Off L § 3 (2021)
2021 New York Laws PBO - Public Officers Article 2 - Appointment and Qualification of Public Officers 3 - Qualifications for Holding Office.

§ 3. Qualifications for holding office.  1. No person shall be capable of  holding a civil office who shall not, at the time he or she shall be chosen thereto, have attained the age of eighteen years, except that  in the  case of youth boards, youth commissions, recreation commissions, or community boards in the city of New York only, members of such boards or commissions may be under the  age  of  eighteen  years,  but  must  have attained the age of sixteen years on or before appointment to such youth board,  youth  commission,  recreation commission, or community board in the city of New York, be a citizen of the United States, a  resident  of the  state,  and  if  it  be a local office, a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen,  or  within  which  the  electors electing him or her reside, or within which his or her official functions are required to be exercised, or who shall have been or shall be convicted of  a  violation of the selective draft act of the United States, enacted May eighteenth, nineteen  hundred  seventeen,  or  the  acts  amendatory or supplemental thereto, or of  the  federal  selective  training  and  service  act  of nineteen  hundred  forty  or the acts amendatory thereof or supplemental thereto.   1-a. (i) No person shall be capable of  holding  a  civil  office  who shall stand convicted of a felony defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law.  (ii)  Any  individual who stands convicted of a misdemeanor defined in article two hundred, article four hundred ninety-six or  section  195.00 of  the  penal  law may not hold civil office for a period of five years from the date of conviction, provided that in the event such  conviction is  the result of a plea agreement resulting in a plea to such charge in lieu of a plea or conviction of a  felony  defined  in  section  195.20, article two hundred or article four hundred ninety-six of the penal law, all  parties to such agreement may agree that the period of such bar may be for a period of up to ten years from the date of conviction.   2. Neither the provisions of this section or of any  general,  special or  local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of  the  state  for  which he shall be chosen or within which his official functions are required to be exercised,  shall apply  to the appointment of a person as a member of the police force of any political subdivision or municipal corporation of the state if  such person  resides (a) in the county in which such political subdivision or municipal corporation is located; or (b) in a county  within  the  state contiguous  to  the  county  in  which  such  political  subdivision  or municipal corporation is located; or (c) in a county  within  the  state contiguous  to  such  political subdivision or municipal corporation; or (d) in a county within the state contiguous to  a  county  described  in item  (c)  hereof  where the former is less than fifteen miles from such political subdivision or  municipal  corporation,  measured  from  their respective  nearest  boundary lines; or (e) in a county within the state contiguous to a county described in item (d) hereof where the former  is less  than  thirty  miles  from  such political subdivision or municipal corporation, measured from their respective nearest boundary lines.   2-a. Neither the provisions of  this  section,  nor  of  any  general, special  or  local  law,  charter,  code, ordinance, resolution, rule or regulation, requiring a  person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall apply to the appointment of a member of the department of sanitation of any municipality of the state who resides in  a  county within  the  state  contiguous  to  such  municipality.  A member of the  department of sanitation  of  any  political  subdivision  or  municipal corporation  who  has  five or more years of service or in the case of a member of the department of sanitation in a city with  a  population  of one  million  or  more who has two or more years of service to such city may reside (a) in a  county  in  which  such  political  subdivision  or municipal  corporation  is  located; or (b) in a county within the state contiguous  to  the  county  in  which  such  political  subdivision  or municipal  corporation  is  located; or (c) in a county within the state contiguous to such political subdivision or  municipal  corporation;  or (d)  in  a  county within the state which is not more than fifteen miles from such political subdivision or municipal corporation.   * 2-b. Neither the provisions of this section,  nor  of  any  general, special  or  local  law,  charter,  code, ordinance, resolution, rule or regulation, requiring a  person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  apply to the appointment of an officer or employee of the parole commission of an municipality of the  state  if  such  person resides (a) in a county in which such political subdivision or municipal corporation  is  located; or (b) in a county within the state contiguous to  the  county  in  which  such  political  subdivision  or   municipal corporation  is  located; or (c) in a county within the state contiguous to such political subdivision or municipal  corporation;  or  (d)  in  a county  within  the  state  contiguous to a county described in item (c) hereof where the former is less than fifteen miles from  such  political subdivision  or  municipal  corporation,  measured from their respective nearest boundary lines.   * NB There are 2 sub 2-b's   * 2-b. Neither the provisions of this section,  nor  of  any  general, special  or  local  law,  charter,  code, ordinance, resolution, rule or regulation, requiring a  person  to  be  a  resident  of  the  political subdivision  of  the  state for which he shall be chosen, shall apply to the appointment of a person, as an emergency special deputy sheriff,  by the  sheriff  of  a county who has declared a state of special emergency pursuant to section two hundred nine-f of the general municipal law,  if such person is at the time either a regular, part time or special deputy sheriff of another county.   * NB There are 2 sub 2-b's   2-c. Neither the provisions of this section or of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of  the  state  within which his or her official functions are required to be exercised, shall apply to a person who is a member of the police department of the city of Yonkers on the  effective date  of this subdivision. Every such person may reside any place within the counties of Westchester, Dutchess and Orange.   2-d. Neither the provisions  of  this  section  nor  of  any  general, special  or  local  law,  charter,  code, ordinance, resolution, rule or regulation, requiring a  person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state by which he or she is employed, shall apply to a person who is employed as a deputy sheriff by the city of New York and who resides (a) in a county  within  the  state contiguous  to  such  municipality;  or (b) in a county within the state contiguous to a county described in paragraph (a) of this subdivision.   3.  Nothing  herein  contained  shall  operate  to  prevent  a  person regularly  admitted  to  practice  as  an attorney and counsellor in the courts of record of this state, whose office for the practice of law  is within the state, from accepting or retaining an appointment as a notary  public,  as provided in section one hundred thirty of the executive law, although he resides in  or  removes  to  an  adjoining  state.  For  the purposes  of  accepting  and retaining an appointment as a notary public such  person shall be deemed a resident of the county where he maintains such office for the practice of law.   3-a. Nothing herein  contained  shall  operate  to  prevent  a  person regularly  admitted  to  practice  as  an attorney and counsellor in the courts of record of this state, whose office for the practice of law  is within  the city of New York, from accepting or retaining an appointment as a commissioner of deeds in and for the city of New York, as  provided in  section  one hundred forty of the executive law, although he resides in or removes to another city in this state or to  an  adjoining  state. For  the  purposes  of  accepting  and  retaining  an  appointment  as a commissioner of deeds in and for the city of New York, such person shall be deemed a resident of the county where he maintains such office.   4. Except as otherwise provided in subdivision nine of  this  section, persons  heretofore or hereafter employed in the paid fire department of a city, town, village or fire district shall not be deemed to be holding a civil office or a local office within the meaning of this section  and the  provisions  of  this  section  shall not apply to such persons. The provisions of any  general,  special  or  local  law,  city  or  village charter, code or ordinance, or any rule or regulation requiring a person to  be  a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which  his  official functions   are  required  to  be  exercised  shall  not  apply  to  the appointment or continuance in office of any such person so employed,  if such person resides in the county, or one of the counties, in which such political subdivision or municipal corporation is located.   5.  Volunteer  firefighters  and  volunteer  fire  officers  of a fire department or any company or unit thereof shall  not  be  deemed  to  be holding  a  civil  office  or  a local office within the meaning of this section and the provisions of this  section  shall  not  apply  to  such volunteer  firefighters  and  volunteer  fire officers. This subdivision shall not be deemed to amend, modify or  supersede  any  other  general, special or local law, city or village charter, code or ordinance, or any rule  or regulation governing any such fire department, which prescribes the  qualifications  which  a  person  must  have  to  be  a   volunteer firefighter  or  a  volunteer fire officer of a political subdivision or municipal corporation.   6. The provisions of this section requiring a person to be a  resident of  the  political subdivision or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are required to be exercised, shall not apply to the appointment of trustees of  a  public  village  library, who reside outside the village in which such library is located.   7.  Nothing  herein  contained  shall  operate  to  prevent  a  person regularly  admitted  to  practice  as  an attorney and counsellor in the courts of record of this state, whose office for the practice of law  is within  the  state,  from  accepting  or  retaining  an appointment as a commissioner of deeds in and for the city of New York,  as  provided  in section  one  hundred forty of the executive law, although he resides in or removes to any other county in the state or an adjoining  state.  For the purposes of accepting and retaining an appointment as a commissioner of  deeds  such person shall be deemed a resident of the county where he maintains such office for the practice of law.   8. The provisions of this section requiring a person to be a  resident of  the  political subdivision or municipal corporation of the state for which he shall be chosen, or within which  his  official  functions  are  required  to  be exercised, shall not apply in the case of any probation officers heretofore or hereafter appointed; nor shall they be applicable in the case of any other persons heretofore or  hereafter  appointed  to non-judicial  positions  in  the  courts  in  this  state,  except those appointed to positions in courts for towns, villages and cities  outside the  city  of  New  York. This subdivision shall not be deemed to amend, modify or supersede any other general, special or  local  law,  charter, code  or  ordinance,  or  any  rule  or  regulation which prescribes the qualifications which a person must have to be appointed  to  a  position referred to herein.   9. Neither the provisions of this section, nor of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall  apply  to  the  appointment  of  a paid member of the uniformed force of a paid fire department, who,  for  purposes  of  this section  shall include persons employed as fire alarm dispatchers, or to the appointment of any person employed in a department of correction  in the  correction  service classification of the classified civil service, or to the appointment of officers and inspectors who are employees of  a department  of  health  of  any  city of over one million population who resides (a) in the county in which such city is located;  or  (b)  in  a county  within  the state contiguous to the county in which said city is located; or (c) in a county within the state contiguous to such city; or (d) in a county within the state which is not more  than  fifteen  miles from said city.   10.  Neither  the  provisions  of  this  section,  nor of any general, special or local law, charter, code or ordinance,  resolution,  rule  or regulation,  requiring  a  person  to  be  a  resident  of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall apply to the appointment of a member of  a  drug  abuse prevention  council  of  any  municipality  of  the state if such person resides in a county in which such  political  subdivision  or  municipal corporation is located.   11.  In the city of Salamanca the provisions of this section requiring a person to be a resident of  the  political  subdivision  or  municipal corporation  of  the  state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person regularly admitted to practice as an attorney  or  counsellor  in the  courts  of  record  of  this  state from holding the office of city attorney or city justice of  the  city  of  Salamanca,  if  such  person resides in the county in which such city is located.   11-a.  In  the  city  of  Salamanca  the  provisions  of  this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of city comptroller of the city of Salamanca, if  such  person  resides  in  the county in which such city is located.   12.  The  provisions  of this section or of any other provision of law requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of  the  state  for  which he shall be chosen or within which his official functions are required to be exercised,  shall not  apply  to  the  appointment of public officers in the city of Troy, except the city manager of  such  city,  provided  that  such  appointed officers are residents of the county of Rensselaer.    13.  In  the city of Hudson the provisions of this section requiring a person to be a  resident  of  the  political  subdivision  or  municipal corporation  of  the  state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person  from  holding  the  office  of  city  court judge of the city of Hudson, provided that such person resides in the county  in  which  such city is located.   14.  In the town of Mount Pleasant, Westchester county, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town engineer of the town  of  Mount  Pleasant,  provided  that  such  person resides  in  the  county  in  which such town is located or an adjoining county within the state of New York.   15. In the town of North Castle, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town engineer, the office  of  town  building  inspector  or  the  office  of receiver of taxes of the town of North Castle, provided that such person resides  in  the  county  in  which such town is located or an adjoining county within the state of New York.   16. In the town of New Castle, Westchester county, the  provisions  of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall not prevent a person from holding the  office  of  town superintendent  of  highways or town engineer of the town of New Castle, provided that such person resides in the county in which  such  town  is located or an adjoining county within the state of New York or such town provides  by  resolution that such person need not be a resident of such town, but must be a resident of New York state.   17. In the town of North Salem, Westchester county, the provisions  of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  town building inspector or deputy town building inspector of the town of North Salem, provided that such person resides in the county in which such town is located, an adjoining county,  or  the  county  of Dutchess,  within  the state of New York. Provided, however, the persons performing the functions of town  building  inspector  and  deputy  town building  inspector  in any other town shall be a resident of such town, unless otherwise provided by law.   18. In the town of Mount Pleasant, Westchester county, the  provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall not  prevent  a  person  from  holding  the  office  of comptroller  or  building  inspector  of  the  town  of  Mount Pleasant, provided that such person resides in the county in which  such  town  is located or an adjoining county within the state of New York.   19. Any person who resides in this state and who is currently employed as a member of the police force, a paid member of the uniformed force of a  paid fire department or department of corrections in the correctional service classification of the classified civil service,  of  a  city  of  over  one  million  population,  shall  be exempt from the provisions of subdivisions one, two and nine of this section upon compliance with  the procedure  set  forth in this subdivision. Any person seeking to benefit from  the  exemption  created  by  this  subdivision  shall  notify  his respective employer in writing of said intention within thirty days from the effective date of  this  subdivision  and  shall  specify  his  then current  residence  address.  The  exemption created by this subdivision shall be applicable only to said actual designated residence and not  to any  residence that any subject currently employed member may thereafter establish; provided, however, that any such  currently  employed  member who  resides  outside  this state shall have one year from the effective date of this subdivision within which to establish residence as required pursuant to subdivisions one, two and nine of this  section  and  comply with  the  notice requirements of this subdivision. Said residence shall constitute a lawful  residence  for  all  purposes  notwithstanding  any provision to the contrary of any general, special or local law, charter, code, ordinance, resolution, rule or regulation.   * 20.  In  the  town  of Carmel, Putnam county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the office of  town  engineer  of  the town of Carmel or the office of wetlands inspector of the town of Carmel provided  that  such  person resides in the county in which such town is located or an adjoining county within the state of New York.   * NB There are 4 sub 20's   * 20. In the town of Bolivar, Allegany county, the provisions of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a person from holding the office of town superintendent of highways of the town of Bolivar, provided that such  person  resides  in the county in which such town is located.   * NB There are 4 sub 20's   * 20.  In  the city of Ithaca, Tompkins county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the office of member of the  board  of fire  commissioners  of  the  city  of Ithaca, provided that such person resides in the county in which such city is located and within the  town of Ithaca.   * NB There are 4 sub 20's   * 20. In the town of Mamaroneck, Westchester county, the provisions of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall not prevent a person from holding the office of  deputy town  clerk of the town of Mamaroneck, provided that such person resides in the county in which such town  is  located  or  an  adjoining  county within the state of New York.   * NB There are 4 sub 20's   21.  In  the  town of Lewisboro, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town engineer of the town of Lewisboro provided that such person  resides  in  the  county  in which such town is located or an adjoining county within the state of New York.   22.  In  the  town of Lewisboro, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town building inspector or deputy town building  inspector  of  the  town  of Lewisboro  provided  that  such  person  resides within the state of New York.   23. In the town of Sweden,  Monroe  county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent a person from holding the office of court clerk of the town of Sweden, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.   * 24. In the town of Greenburgh, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised  shall  not prevent a person from holding any appointed public office, provided that such person resides in the state of New York.   * NB There are 3 sub 24's   * 24. In the town of Ogden, Monroe  county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent a person from holding the office of court clerk of the town of Ogden, provided that such person resides in the county in which  such town is located or an adjoining county within the state of New York.   * NB There are 3 sub 24's   * 24.  In  the  towns of Aurora, Holland and Marilla, Erie county, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he shall  be  chosen or within which his official functions are required to be exercised, shall not prevent a person  from  holding  the  office  of court  clerk to the justices of the towns of Aurora, Holland and Marilla provided that such person resides in the county in which  such  town  is located or an adjoining county within the state of New York.   * NB There are 3 sub 24's   25.  In  the  town of Patterson, Putnam county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from  holding  the  office  of  wetlands  inspector provided  that  such  person resides in the county in which such town is located or an adjoining county within the state of New York.   26. In the town of Ithaca, Tompkins county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a  person  from holding the office of town engineer of the town of Ithaca provided that such person resides in the county in  which such  town  is  located  or  an adjoining county within the state of New York.   27. In the town of Bedford, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision  or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the  office  of  court  clerk,  deputy court  clerk or any position within the court clerk's office of the town of Bedford.   28. In respect to public officers employed by Westchester county,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised shall not prevent a  person  from  holding  any appointed  public office, provided that such person resides in the state of New York.   29. In the town of Somers, Westchester county, the provisions of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a  person  from holding the office of town engineer of the town of Somers.   31. In the town of Victor, Ontario  county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of  the  state  for which he or she shall be chosen or within which his or her official functions are required to  be exercised,  shall  not prevent a person from holding the office of court clerk of the town of Victor, provided that such  person  resides  in  an adjoining town in the county in which such town is located.   * 32. In the village of Penn Yan, Yates county, the provisions of this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a person from holding the office of justice court clerk of the village of Penn Yan, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.   * NB There are 2 sub 32's   * 32. In the town of North East, Dutchess county,  the  provisions  of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall not prevent a person from holding the  office  of  town engineer of the town of North East, provided that such person resides in the  county  in which such town is located or an adjoining county within the state of New York.   * NB There are 2 sub 32's   33. In the Flint Creek Small  Watershed  Protection  district  in  the counties  of Ontario and Yates, the provisions of this section requiring a person to be a resident of  the  political  subdivision  or  municipal corporation  of  the  state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding a district office, provided that  such  person  owns real property within the district boundaries.   * 34.  In the town of Hamlin, county of Monroe, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen  or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office  of  court clerk  of  the  town of Hamlin, provided that such person resides in the county in which such town is located or an adjoining county  within  the state of New York.    * NB There are 3 sub 34's   * 34.  In the village of Goshen, Orange county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the office of treasurer of the village of Goshen, provided that such person resides within  the  state  of  New York.   * NB There are 3 sub 34's   * 34.  In  the  town of Grove, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen  or within which his or her official functions are required to be exercised, shall not prevent a person from holding the  office  of  town justice  of  the town of Grove, provided that such person resides in the county in which such town is  located.  Provided,  however,  the  person performing  the  functions  of town justice in any other town shall be a resident of such town unless otherwise provided by an act of  the  state legislature.   * NB There are 3 sub 34's   * 35.  Nothing  herein contained shall operate to prevent an otherwise qualified officer or agent of any society for the prevention of  cruelty to  children  in Rockland county from accepting or retaining appointment as a peace  officer  with  such  society  when  such  officer  or  agent satisfies the provisions as to residence set forth in subdivision two of this section.   * NB Repealed August 11, 2023   36.  In the village of Arkport, Steuben county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the office of clerk/treasurer  of  the village  of  Arkport, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.   37. In the town of Independence, Allegany county,  the  provisions  of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which such  person shall  be  chosen  or  within which such person's official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  town justice of the town of Independence, provided that such person resides in the county in which such town  is  located.  Provided, however,  the  person  performing  the  functions of town justice in any other town shall be a resident of such town, unless  otherwise  provided by an act of the state legislature.   38. In the county of Yates, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision or municipal corporation of the state for which he shall be chosen  or  within  which his official functions are required to be exercised, shall not prevent a person  from  holding  the  office of assistant district attorney of the county of Yates, other  than  the  first  assistant  district  attorney, provided that such person resides in Yates county or an adjoining county within the state of New York.   38-a. In the county of Yates, the provisions of this section requiring a  person  to  be  a  resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen  or  within which  his or her official functions are required to be exercised, shall not prevent a person regularly admitted to practice as  an  attorney  or  counselor  in the courts of record of this state from holding the office of assistant public defender of the county of Yates, provided that  such person  resides in the county of Yates or an adjoining county within the state of New York.   39.  In  the town of Birdsall, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision of municipal corporation of the state for  which  he  or  she  shall  be chosen  or within which his or her official functions are required to be exercised, shall not prevent a person from holding the  office  of  town justice  of  the  town of Birdsall, provided that such person resides in the county in which such town is located. Provided, however, the  person performing  the  functions  of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the  state legislature.   * 40.  In  the  town  of West Union, Steuben county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which such person shall be chosen or within which such  person's  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the town of West  Union,  provided  that  such person  resides  in  the county in which such town is located. Provided, however, the person performing the functions  of  town  justice  in  any other  town  shall be a resident of such town, unless otherwise provided by an act of the state legislature.   * NB There are 4 sub 40's   * 40. In the town of Granger, Allegany county, the provisions of  this section requiring a person to be a resident of the political subdivision of  municipal  corporation  of  the  state  for which he or she shall be chosen or within which his or her official functions are required to  be exercised,  shall  not  prevent a person from holding the office of town justice of the town of Granger, provided that such person resides in the county in which such town is  located.  Provided,  however,  the  person performing  the  functions  of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the  state legislature.   * NB There are 4 sub 40's   * 40.  In  the  town  of Somers, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within his official functions are required  to  be  exercised, shall  not  prevent  a  person  from holding the office of town building inspector provided that such person resides in the county in which  such town is located or an adjoining county within the state of New York.   * NB There are 4 sub 40's   * 40.  In  the town of Pound Ridge, Westchester county, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town superintendent of highways of the town of Pound Ridge provided that such person resides in the county  in  which  such  town  is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of town superintendent  of  highways  in any  other  town  shall  be  a  resident  of such town, unless otherwise provided by an act of the state legislature.   * NB There are 4 sub 40's   * 41. In  the  county  of  Putnam,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or  municipal corporation of the state for which such person shall be chosen or within which such person's official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy sheriff in Putnam county, provided, however, that such person performing the  duties  and functions of deputy sheriff resides in Putnam county or any adjoining county within New York state unless otherwise provided  by an act of the state legislature.   * NB There are 3 sub 41's   * 41.  In  the  town  of Somers, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within his official functions are required  to  be  exercised, shall not prevent a person from holding the office of court clerk of the town  of Somers provided that such person resides in the county in which such town is located or an adjoining county  within  the  state  of  New York.   * NB There are 3 sub 41's   * 41.  In  the town of Pound Ridge, Westchester county, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within  which  his  official  functions  are  required  to  be exercised,  shall  not  prevent a person from holding the office of town building inspector of the town of Pound Ridge provided that such  person resides  in  the  county  in  which such town is located or an adjoining county within the state of  New  York.  Provided,  however,  the  person performing  the  functions  of town building inspector in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.   * NB There are 3 sub 41's   * 42. In  the  county  of  Putnam,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official  functions  are  required  to  be exercised,  shall  not  prevent  a  person  from  holding  the office of correction officer in Putnam county, provided, however, that such person performing the duties and functions of  correction  officer  resides  in Putnam  county  or  any  adjoining  county  within New York state unless otherwise provided by an act of the state legislature.   * NB There are 2 sub 42's   * 42. In the town of Pound Ridge, Westchester county,  the  provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which he shall  be chosen  or  within  which  his  official  functions  are  required to be exercised, shall not prevent a person from holding the office of  deputy building  inspector of the town of Pound Ridge provided that such person resides in the county in which such town  is  located  or  an  adjoining county  within  the  state  of  New  York. Provided, however, the person performing the functions of deputy building inspector in any other  town shall be a resident of such town, unless otherwise provided by an act of the state legislature.   * NB There are 2 sub 42's   * 43.  In  the  city  of  Jamestown,  the  provisions  of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of  the  state  for  which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a  person  from  holding such office of director of public works in the city of Jamestown, provided that such person resides in the county in which such city is located.    * NB There are 2 sub 43's   * 43.  In  the  town  of  Ogden, Monroe county, the provisions of this section requiring a person to be a resident of a  political  subdivision or  municipal  corporation  of  the  state  for which he or she shall be chosen or within which his or her official functions are required to  be exercised,  shall  not  prevent  a  person  from  holding  the office of building inspection and code enforcement officer of the  town  of  Ogden provided  that  such  person resides in the county in which such town is located. Provided, however,  the  person  performing  the  functions  of building inspection and code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 2 sub 43's   * 44. In the county of Tioga, the provisions of this section requiring a  person  to  be  a  resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are  required  to  be  exercised, shall not prevent a person from holding the office of correction officer in  Tioga  county,  provided,  however,  that such person performing the duties and functions of correction officer resides in  Tioga  county  or any adjoining county within New York state, unless otherwise provided by an act of the state legislature.   * NB There are 4 sub 44's   * 44.  In  the  town  of Hamlin, Monroe county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporations of the state for which  he  or  she  shall  be chosen  or within which his or her official functions are required to be exercised, shall not prevent a person from holding the  office  of  town building  inspector/code  enforcement  officer  of  the  town  of Hamlin provided that such person resides in the county in which  such  town  is located  or  an adjoining county within the state of New York. Provided, however,  the  person  performing  the  functions   of   town   building inspector/code enforcement officer in any other town shall be a resident of  such  town,  unless  otherwise  provided  by  an  act  of  the state legislature.   * NB There are 4 sub 44's   * 44. In the town of Clarkson, in the county of Monroe, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of building inspector in the town of Clarkson provided that  such person  resides  in  the  county  in  which  such  town is located or an adjoining county within the state of New York.  Provided,  however,  the person  performing the functions of building inspector in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 4 sub 44's   * 44. In the  county  of  Madison,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for  which  he  shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from  holding  the  office  of  assistant  district attorney  of the county of Madison, provided that such person resides in Madison county or an adjoining county within the state of New York.   * NB There are 4 sub 44's   * 45. In the town of Hamlin, Monroe county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of  the  state  for which he or she shall be chosen or within which his or her official functions are required to  be  exercised,  shall  not  prevent a person from holding the office of town fire marshall of the town of Hamlin provided that such person resides in the county in which such town is located or an adjoining  county  within the  state  of  New  York.  Provided, however, the person performing the functions of town fire marshall in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.   * NB There are 2 sub 45's   * 45. In the town of Clarkson, in the county of Monroe, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of code enforcement officer in the town of Clarkson provided that such person resides in the county in which such town is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 2 sub 45's   * 46. In  the  town  of  Andover,  in  the  county  of  Allegany,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of town justice of the town of Andover, provided that such person resides  in the county in which such town is located. Provided, however, the person performing the functions of town justice in  any  other  town shall be a resident of such town, unless otherwise provided by law.   * NB There are 3 sub 46's   * 46.  In  the  town  of Somers, Westchester county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or municipal corporation of the state for which he shall be chosen or within his official functions are required  to  be  exercised, shall  not  prevent  a  person  from holding the office of town building inspector provided that such person resides in the county in which  such town  is located, Dutchess county, or an adjoining county to Westchester county, within the state of New York.   * NB There are 3 sub 46's   * 46. In the city of Mechanicville  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not prevent a person from holding the office of  acting judge  of  the  city  court  of Mechanicville, provided that such person resides in the county of Saratoga.   * NB There are 3 sub 46's   47. In the town of Somers, Westchester county, the provisions of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of the state for which he shall be chosen or within his official functions are required to be  exercised,  shall  not prevent  a  person from holding the office of court clerk of the town of Somers provided that such person resides in the  county  in  which  such town  is located, Dutchess county, or an adjoining county to Westchester county, within the state of New York.   * 48. In the  town  of  Colesville,  in  the  county  of  Broome,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the  office  of  court  clerk  of  the town of Colesville, provided that such person resides in the county  in  which  such  town  is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person  performing  the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 3 sub 48's   * 48. In  the  county  of  Fulton,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy sheriff in Fulton county, provided, however, that such person performing the duties and functions of deputy sheriff resides in Fulton  county  or any  adjoining county within New York state unless otherwise provided by an act of the state legislature.   * NB There are 3 sub 48's   * 48. In the county of Montgomery,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy sheriff in  Montgomery  county,  provided,  however,  that  such  person performing  the  duties  and  functions  of  deputy  sheriff  resides in Montgomery county or any adjoining county within New York  state  unless otherwise provided by an act of the state legislature.   * NB There are 3 sub 48's   * 49.  In  the  county  of  Madison,  the  provisions  of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy sheriff of the county of Madison, provided that such person  resides  in Madison  county  or  an  adjoining  county within New York state, unless otherwise provided by an act of the state legislature.   * NB There are 7 sub 49's   * 49. In the county  of  Tompkins,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy sheriff  in  Tompkins  county,  provided,  however,  that  such   person performing  the  duties  and  functions  of  deputy  sheriff  resides in Tompkins county or any adjoining county within  New  York  state  unless otherwise provided by an act of the state legislature.   *NB There are 7 sub 49's   * 49.  In  the  village of Trumansburg, in the county of Tompkins, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of village clerk-treasurer and deputy clerk  of  the  village  of Trumansburg,  provided  that  such person resides in the county in which such village is located or an adjoining county within the state  of  New York.  Provided, however, the person performing the functions of village clerk-treasurer and deputy  clerk  in  any  other  village  shall  be  a resident  of  such  village,  unless otherwise provided by an act of the state legislature.   * NB There are 7 sub 49's    * 49. In the town of Copake, in the county of Columbia, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of court clerk or deputy court  clerk  of  the  town  of  Copake, provided  that  such  person resides in the county in which such town is located or an adjoining county within the state of New  York.  Provided, however,  the persons performing the functions of court clerk and deputy court clerk in any other town shall be a resident of such  town,  unless otherwise provided by law.   * NB There are 7 sub 49's   * 49.  In  the town of Barker, in the county of Broome, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of court clerk of the town of Barker, provided that  such  person resides  in  the  county  in  which such town is located or an adjoining county within the state of  New  York.  Provided,  however,  the  person performing  the  functions  of  court clerk in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 7 sub 49's   * 49. In the town of Maine, in the county of Broome, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of building inspector/code enforcement  of  the  town  of  Maine, provided  that  such  person resides in the county in which such town is located or an adjoining county within the state of New York.   * NB There are 7 sub 49's   * 49. In  the  town  of  Nanticoke,  in  the  county  of  Broome,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  court  clerk  of  the  town of Nanticoke, provided that such person resides in the county  in  which  such  town  is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of court clerk in any other  town  shall be a resident of such town, unless otherwise provided by law.   * NB There are 7 sub 49's   * 50.  In  the  city  of  Peekskill,  the  provisions  of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall not prevent a person regularly admitted to practice as an attorney or counselor in the courts of  record  of  this  state  from holding  the  office  of  city court judge for the city of Peekskill, if such person resides in Westchester county unless otherwise  provided  by an act of the state legislature.   * NB There are 5 sub 50's   * 50. In the town of Kirkwood, in the county of Broome, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the  office of court clerk of the town of Kirkwood, provided that such person resides  in  the  county  in  which such town is located or an adjoining county within the state of  New  York.  Provided,  however,  the  person performing  the  functions  of  court clerk in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 5 sub 50's   * 50. In the town  of  Big  Flats,  in  the  county  of  Chemung,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office   of   assessor,   town   attorney   or   director   of  building inspection/code enforcement office in the town of  Big  Flats,  provided that  such person resides in the county in which such town is located or an adjoining county within the state of New York. Provided, however, any person performing such functions or holding such offices  in  any  other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 5 sub 50's   * 50.  In  the  county  of  Nassau,  the  provisions  of  this section requiring a person to be a resident  of  the  political  subdivision  or municipal corporation of the state for which such person shall be chosen or  within  which  such  person's  official functions are required to be exercised, shall not prevent a person from holding the office of  deputy sheriff  in  the  county of Nassau, provided that such person performing the duties and functions of deputy sheriff resides in Nassau  county  or any adjoining county within New York state, unless otherwise provided by an act of the state legislature.   * NB There are 5 sub 50's   * 50.  In  the  county  of  Schuyler,  the  provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of  the  state  for  which he shall be chosen or within which his official functions are required to be exercised,  shall not  prevent  a  person  from  holding  the office of assistant district attorney of the county of  Schuyler,  other  than  the  chief  assistant district  attorney, provided that such person resides in Schuyler county or an adjoining county within the state of New York.   * NB There are 5 sub 50's   * 51. In the village of Honeoye Falls, in the county  of  Monroe,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of code enforcement officer and building inspector of the village of  Honeoye  Falls,  provided  that such person resides in the county in which such village is located or an adjoining county within the state of New York. Provided, however, the person performing the functions of code enforcement officer and building inspector in any other village shall be a resident of such village, unless otherwise provided by an act  of  the state legislature.   * NB There are 3 sub 51's   * 51. In the town of Maine, in the county of Broome, the provisions of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  court  clerk of the town of Maine, provided that such person resides in the county in which such town  is  located  or  an  adjoining county  within  the  state  of  New  York. Provided, however, the person  performing the functions of court clerk in any other  town  shall  be  a resident of such town, unless otherwise provided by law.   * NB There are 3 sub 51's   * 51.  In  the  village  of  Deposit,  in  the  counties of Broome and Delaware, the provisions of this section requiring  a  person  to  be  a resident  of  the  political subdivision or municipal corporation of the state for which he or she shall be chosen or within  which  his  or  her official  functions  are  required  to be exercised, shall not prevent a person from  holding  the  office  of  village  clerk-treasurer,  deputy clerk-treasurer  or court clerk of the village of Deposit, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided,  however,  the person  performing  the  functions  of  village  clerk-treasurer, deputy clerk-treasurer or court clerk in any other village shall be a  resident of  such  village,  unless  otherwise  provided  by  an act of the state legislature.   * NB There are 3 sub 51's   52. In  the  county  of  Schuyler,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for  which  he  shall  be  chosen  or within  which his official functions are required to be exercised, shall not prevent a person from holding the office of deputy  sheriff  of  the county of Schuyler, provided that such person resides in Schuyler county or  an  adjoining  county within the state of New York, unless otherwise provided by law.   * 53. In the town of  Wellsville,  in  the  county  of  Allegany,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  town  justice  of the town of Wellsville, provided that such person resides in a town which adjoins such town and  which  is  in  the county  of  Allegany.  Provided,  however,  the  person  performing  the functions of town justice in any other town shall be a resident of  such town, unless otherwise provided by law.   * NB There are 2 sb 53's   * 53.  In  the  county  of  Montgomery, the provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall  not  prevent  a  person  from  holding  the office of assistant district attorney of the county of Montgomery,  provided  that such  person  resides in Montgomery county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding the office of assistant district  attorney  in  any other  county  shall  be  a  resident  of  such  county unless otherwise provided by law. The provisions of this subdivision shall not  apply  to any  person  holding  the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume  the duties  of  the  district  attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 2 sb 53's   * 54. In the village of Wellsville, in the  county  of  Allegany,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the  office  of  village  justice of the village of Wellsville, provided that such person resides in the town of Wellsville.  Provided,  however,  the person  performing the functions of village justice in any other village shall be a resident of such village unless otherwise provided by law.   * NB There are 2 sb 54's   * 54.  In  the  town  of  Lewisboro, in the county of Westchester, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office  of  town  wetlands  inspector.  Provided,  however,  the  person performing  the  functions  of town wetlands inspector in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 2 sb 54's   * 55. In  the  county  of  Putnam,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant  district attorney of the county of Putnam, provided that such person resides in Putnam county or an adjoining county within the  state of New York; provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office  of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties  of  the  district attorney  upon  the  district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 5 sb 55's   * 55. In  the  county  of  Fulton,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant  district attorney of the county of Fulton, provided that such person resides in Fulton county or an adjoining county within the  state of  New  York;  provided,  however,  that  any  person  performing  such functions or holding the office of assistant district  attorney  in  any other  county  shall  be  a  resident  of  such  county unless otherwise provided by law. The provisions of this subdivision shall not  apply  to any  person  holding  the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume  the duties  of  the  district  attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 5 sb 55's   * 55. In  the  county  of  Putnam,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not prevent a person from holding  the  office  of  the deputy  county  attorney  of  the  county  of Putnam, provided that such person resides in Putnam county or an adjoining county within the  state of New York; provided, however that any person performing such functions or  holding the office of the deputy county attorney in any other county shall be a resident of such county unless otherwise provided by law.   * NB There are 5 sb 55's    * 55. In  the  town  of  Gerry,  in  the  county  of  Chautauqua,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of court clerk of  the  justice  court  of  the  town  of  Gerry, provided  that  such  person resides in the county in which such town is located or an adjoining county, within the state of New York.  Provided, however,  the  person  performing  the  functions  of court clerk in the justice court in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 5 sb 55's   * 55. In the town of Poughkeepsie, in  the  county  of  Dutchess,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which his or her official function  is required  to  be  exercised, shall not prevent a person from holding the office of town comptroller of the town of  Poughkeepsie;  provided  that said  person  resides  in the county in which such town is located or an adjoining county within the state of New York. Provided,  however,  that the  persons  performing  such  functions  in  any  other  town shall be electors of such town unless otherwise provided by law.   * NB There are 5 sb 55's   * 56. In  the  town  of  Willing,  in  the  county  of  Allegany,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of town justice of the town of Willing, provided that such person resides  in a town which adjoins such town and which is in the county of Allegany. Provided, however, the person performing the functions of town justice in any other town shall be  a  resident  of  such  town,  unless otherwise provided by law.   * NB There are 2 sub 56's   * 56.  In the town of Windsor, in the county of Broome, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within his or her official functions are required  to be exercised, shall not prevent a person from holding the office of town building  inspector  and  code  enforcement  officer  provided that such person resides in the county  in  which  such  town  is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of town building inspector in any  other town  shall  be an elector of such town, unless otherwise provided by an act of the state legislature.   * NB There are 2 sub 56's   57. In the village of Sag  Harbor,  in  the  county  of  Suffolk,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  village  justice of the village of Sag Harbor, provided that such person resides  in  the  town  of  East  Hampton  or  the  town  of Southampton.  Provided,  however, the person performing the functions of village justice in any other village shall be a resident of such village unless otherwise provided by law.   * 58. In the village of Haverstraw, in the  county  of  Rockland,  the provisions  of  this  section requiring a person to be a resident of the  political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  assessor of the village provided that such person resides in the county in which such village  is  located  or  an  adjoining  county within  the  state of New York. Provided, however, the person performing the functions of village assessor in  any  other  village  shall  be  an elector of such village, unless otherwise provided by law.   * NB There are 4 sub 58's   * 58.  In  the  village  of  Aurora,  in  the  county  of  Cayuga, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of clerk of the village provided that such person resides in  the county  in  which  such village is located or an adjoining county within the state of New York. Provided,  however,  the  person  performing  the functions  of  village clerk in any other village shall be an elector of such  village,  unless  otherwise  provided  by  an  act  of  the  state legislature.   * NB There are 4 sub 58's   * 58. In the town of Benson, in the county of Hamilton, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of town justice of the town of Benson, provided that such person resides in a town which adjoins such town. Provided, however, the person performing the functions of town justice in any other town  shall  be  a resident of such town, unless otherwise provided by law.   * NB There are 4 sub 58's   * 58.  In  the  town  of  Genesee,  in  the  county  of  Allegany, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the town of Genesee, provided that such person resides in a town which is in the county of Allegany. Provided, however, the person performing the functions of town justice in  any  other  town shall be a resident of such town, unless otherwise provided by law.   * NB There are 4 sub 58's   * 59. In the incorporated village of West Hampton Dunes, in the county of  Suffolk,  the  provisions of this section requiring a person to be a resident of the political subdivision or municipal  corporation  of  the state  for  which  he  or she shall be chosen or within which his or her official functions are required to be exercised,  shall  not  prevent  a person  from holding the office of constable of the incorporated village of West Hampton Dunes provided such person  resides  in  the  county  of Suffolk,  state  of  New  York.  Provided that the person performing the functions of constable in any other village shall be a resident of  such village unless otherwise provided by law.   * NB There are 3 sb 59's   * 59.  In  the  town  of  Fishkill,  in  the  county  of Dutchess, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of comptroller of the town of Fishkill, provided that such person  resides in  the  state  of  New  York.  Provided,  however,  the  person performing  the  functions  of  comptroller in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 3 sb 59's   * 59. In the town of Cambria, in the county of Niagara, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen,  or  within  which  his  or  her official function is required to be exercised, shall not prevent a person  from  holding  the office  of building inspector of the town of Cambria; provided that said person resides in the county  in  which  such  town  is  located  or  an adjoining county within the state of New York.   * NB There are 3 sb 59's   * 60.  In  the  village of Macedon, county of Wayne, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of clerk/treasurer of the village of Macedon, provided that  such person  resides in the county of Wayne or an adjoining county within the state of  New  York.  Provided,  however,  the  persons  performing  the functions of clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by law.   * NB There are 7 sb 60's   * 60. In the town of Kirkwood, in the county of Broome, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  town code enforcement officer/building inspector of the town of Kirkwood, provided that such person resides in the county  of  Broome or  an adjoining county within the state of New York. Provided, however, the  persons  performing  the  functions  of   town   code   enforcement officer/building inspector in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 7 sb 60's   * 60.  In  the village of Penn Yan, county of Yates, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of village clerk-treasurer of the village of Penn  Yan,  provided that  such person resides in the county in which such village is located or in an adjoining county  within  the  state  of  New  York.  Provided, however,  the person performing the functions of village clerk-treasurer in any other village  shall  be  a  resident  of  such  village,  unless otherwise provided by an act of the state legislature.   * NB There are 7 sb 60's   * 60.  In  the town of Piercefield, in the county of St. Lawrence, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the town of Piercefield,  provided  that  such person  resides  in St. Lawrence or an adjoining county within the state of New York. Provided, however, the person performing the  functions  of town  justice in any other town shall be a resident of such town, unless otherwise provided by law.    * NB There are 7 sb 60's   * 60.  In  the  town  of  Lyndon,  in  the  county of Cattaraugus, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the town of Lyndon, provided that such persons resides in a town which is  in  the  county  of  Cattaraugus.  Provided, however,  the  person  performing  the  functions of town justice in any other town shall be a resident of such town, unless  otherwise  provided by law.   * NB There are 7 sb 60's   * 60.  In  the  county  of  Herkimer,  the  provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of public health director of the county of Herkimer,  provided  that  such  person resides  in  a  county adjoining Herkimer county within the state of New York.   * NB There are 7 sb 60's   * 60. In the city of Utica  in  the  county  of  Oneida,  neither  the provisions  of  this  section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or  regulation,  requiring  a person  to  be  a  resident  of  the  political subdivision or municipal corporation of the state for which he shall be chosen  or  within  which his  official functions are required to be exercised, shall apply to the appointment of a paid member of the  uniformed  force  of  a  paid  fire department,  who,  for  purposes  of  this section shall include persons employed as fire alarm dispatchers,  if  such  person  resides:  (a)  in Oneida  county; or (b) in a county within the state contiguous to Oneida county.   * NB There are 7 sb 60's   * 61. In the village of Macedon, county of Wayne,  the  provisions  of this  section  requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  deputy  clerk/treasurer  of the village of Macedon, provided that such person resides in the county of Wayne or an  adjoining  county within  the state of New York. Provided, however, the persons performing the functions of deputy clerk/treasurer in any other village shall be  a resident of such village, unless otherwise provided by law.   * NB There are 2 sb 61's   * 61. In the town of Kirkwood, in the county of Broome, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  code  officer  of  the  town of Kirkwood, provided that such person resides in the county of Broome or an adjoining county within the state of  New  York.  Provided,  however,  the  persons  preforming  the functions  of code officer in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 2 sb 61's   * 62. In the town  of  Wheatfield,  in  the  county  of  Niagara,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he  or she shall be chosen, or within which his or her official function  is required  to  be  exercised, shall not prevent a person from holding the office of building inspector of the town of  Wheatfield;  provided  that said  person  resides  in the county in which such town is located or an adjoining county within the state of New York.   * NB There are 5 sb 62's   * 62. In the village of Victory, county of Saratoga, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of village clerk-treasurer of the village  of  Victory,  provided that  such  person  resides  in  the  county of Saratoga or an adjoining county within the state of New  York.  Provided,  however,  the  persons performing the functions of village clerk-treasurer in any other village shall be a resident of such village, unless otherwise provided by law.   * NB There are 5 sb 62's   * 62.  In the town of Conklin, in the county of Broome, the provisions of this section requiring a person to  be  a  resident  of  a  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of building inspector and code enforcement officer of the town of Conklin, provided that such person resides in the county in  which  such town  is located. Provided, however, the person performing the functions of building inspector and code enforcement officer  in  any  other  town shall be a resident of such town, unless otherwise provided by law.   * NB There are 5 sb 62's   * 62. In the town of Wallkill, in the county of Orange, the provisions of  this  section  requiring  a person to be a resident of the political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of comptroller of the town of Wallkill, provided that such person resides  in the county of Orange or an adjoining county within the state of New York. Provided, however, the persons performing the functions  of comptroller  in  any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 5 sb 62's   * 62. In the county of Essex, the provisions of this section requiring a person to be a resident of  the  political  subdivision  or  municipal corporation  of  the state for which he or she shall be chosen or within which his or her official functions are required to be exercised,  shall not  prevent  a  person  from  holding  the office of assistant district attorney of the county of Essex, provided that such  person  resides  in Essex  county  or  an  adjoining  county  within  the state of New York; provided, however, that any person performing such functions or  holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of  this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district  attorney, the  holder  of  which  would assume the duties of the district attorney upon the district  attorney's  absence  from  the  county  or  upon  the district attorney's inability to perform his or her duties.   * NB There are 5 sb 62's   63.  In  the village of Victory, county of Saratoga, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she  shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of deputy clerk-treasurer of the  village  of  Victory,  provided that  such  person  resides  in  the  county of Saratoga or an adjoining county within the state of New  York.  Provided,  however,  the  persons performing  the functions of deputy clerk-treasurer in any other village shall be a resident of such village, unless otherwise provided by law.   * 64. In the  county  of  Wyoming,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant district attorney of the county of Wyoming, provided that such person resides in Wyoming county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office  of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties  of  the  district attorney  upon  the  district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 2 sb 64's   * 64. In the town of Lewis,  Lewis  county,  the  provisions  of  this section requiring a person to be a resident of the political subdivision or  municipal  corporation  of  the  state  for which he or she shall be chosen or within which his or her official functions are required to  be exercised,  shall  not  prevent a person from holding the office of town justice of the town of Lewis; provided that such  person  resides  in  a town  which  adjoins  such  town  and  which  is in the county of Lewis. Provided, however, the person performing the function of town justice in any other town shall be  a  resident  of  such  town,  unless  otherwise provided by law.   * NB There are 2 sb 64's   * 65.  In  the  village  of  Aurora,  in  the  county  of  Cayuga, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised  shall not prevent a person from holding the office of code enforcement officer, provided that such person resides in the county of Cayuga or an adjoining county  within  the  state  of  New York.  Provided,  however,  the  person performing the functions of code enforcement officer in any other village shall be  a  resident  of  such village, unless otherwise provided by law.   * NB There are 3 sb 65's   * 65.  In the town of Allen, in the county of Allegany, the provisions of this section requiring a person to be a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the town of Allen; provided that  such  person resides  in a town which adjoins such town and which is in the county of Allegany. Provided, however, the person performing the function of  town justice  in  any  other  town  shall  be a resident of such town, unless otherwise provided by law.   * NB There are 3 sb 65's   * 65. In the  town  of  LaGrange,  in  the  county  of  Dutchess,  the provisions  of  this  section requiring a person to be a resident of the  political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised shall not prevent a  person  from  holding  the office  of  building  inspector, comptroller and administrator of public works provided that such persons  reside  in  the  county  of  Dutchess. Provided,  however, the persons performing the functions of the building inspector, comptroller and administrator of public works  in  any  other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 3 sb 65's   * 66. In the town of Wallkill, in the county of Orange, the provisions of  this  section  requiring  a  person  to be a resident of a political subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of building inspector and code enforcement officer of the town of Wallkill,  provided that such person resides in the county in which such town is located. Provided, however, the persons performing the functions of building inspector and code enforcement officer  in  any  other  town shall be residents of such town, unless otherwise provided by law.   * NB There are 7 sb 66's   * 66.  In  the town of Boylston, Oswego county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen,  or  within which his or her official function is required to be exercised, shall not prevent a person from holding the  office  of  town justice  of the town of Boylston; provided that said person resides in a town which adjoins such town and which  is  in  the  county  of  Oswego. Provided,  however,  the person performing the functions of town justice in any other town shall be a resident of  such  town,  unless  otherwise provided by law.   * NB There are 7 sb 66's   * 66.  In  the  county  of  Sullivan,  the  provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall  not  prevent  a  person  from  holding  the office of assistant district attorney of the county  of  Sullivan,  provided  that such person resides in Sullivan county or an adjoining county within the state  of  New  York;  provided, however that any person performing such functions or holding the office of assistant district  attorney  in  any other  county  shall  be  a  resident  of  such  county unless otherwise provided by law. The provisions of this subdivision shall not  apply  to any  person  holding  the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume  the duties  of  the  district  attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 7 sb 66's   * 66. In the town  of  Somers,  in  the  county  of  Westchester,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  assistant  court  clerk of the town of Somers, provided that such person resides in the county in  which  such  town  is  located  or Putnam county. Provided, however, the person performing the functions of assistant  court  clerk  in  any  other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.    * NB There are 7 sb 66's   * 66.  In  the  county  of  Chenango,  the  provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal corporation of the state for which such person shall be chosen or  within  which  such  person's  official functions are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of correction  officer  in  Chenango  county,  provided, however, that such person performing the duties and functions of correction officer resides in Chenango county or any adjoining county within New York state  unless otherwise provided by an act of the state legislature.   * NB There are 7 sb 66's   * 66.  In  the village of Fair Haven, Cayuga county, the provisions of this section requiring a person  to  be  a  resident  of  the  political subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official  functions  are required  to  be  exercised, shall not prevent a person from holding the office of village clerk-treasurer or deputy clerk of the village of Fair Haven, provided that such person resides in the  county  in  which  such village  is located or an adjoining county within the state of New York. Provided, however,  the  person  performing  the  functions  of  village clerk-treasurer or deputy clerk in any other village shall be a resident of such village, unless otherwise provided by law.   * NB There are 7 sb 66's   * 66.  In  the  village of Mannsville, in the county of Jefferson, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of village clerk of the village of Mannsville, provided that such person resides in the county in which such  village  is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of village clerk in  any  other  village shall be a resident of such village, unless otherwise provided by an act of the state legislature.   * NB There are 7 sb 66's   * 67.  In  the  town of Wilson, Niagara county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen,  or  within which his or her official function is required to be exercised, shall not  prevent  a  person  from  holding  the  office  of building  inspector of the town of Wilson, Niagara county; provided that said person resides in the county in which such town is  located  or  an adjoining  county  within  the state of New York. Provided, however, the person performing the functions of building inspector in any other  town shall be a resident of such town, unless otherwise provided by law.   * NB There are 8 sb 67's   * 67.  In  the  town  of  Sodus,  Wayne County, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen,  or  within which his or her official function is required to be exercised, shall not prevent a person from holding the office  of  court clerk  of  the  town  of Sodus; provided that said person resides in the county in which such town is  located.  Provided,  however,  the  person performing  the  functions  of  court clerk in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 8 sb 67's   * 67. In the town of Putnam Valley, Putnam County, the  provisions  of this  section  requiring  a  person  to  be  a  resident  of a political  subdivision or municipal corporation of the state for which  he  or  she shall  be  chosen  or  within  which  his  or her official functions are required to be exercised, shall not prevent a person  from  holding  the office    of    building    inspector/code   enforcement   officer   and assistant/deputy building inspector/code enforcement officer of the town of Putnam Valley, provided that such person resides in Putnam County  or any  adjoining  county  within the state of New York. Provided, however, the  persons  performing  the  functions  of   building   inspector/code enforcement   officer   and   assistant/deputy  building  inspector/code enforcement officer in any other town shall be a resident of such  town, unless otherwise provided by an act of the state legislature.   * NB There are 8 sb 67's   * 67.  In  the  county  of  Oswego,  the  provisions  of  this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall  not  prevent  a  person  from  holding  the office of assistant district attorney of the county  of  Oswego,  other  than  the first  assistant district attorney, provided that such person resides in Oswego county or in an adjoining county within the state  of  New  York; provided,  however, that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office  of first  assistant district attorney or chief assistant district attorney, the holder of which would assume the duties  of  the  district  attorney upon  the  district  attorney's  absence  from  the  county  or upon the district attorney's inability to perform his or her duties.   * NB There are 8 sb 67's   * 67. In the village of Spring Valley, in the county of Rockland,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office of village justice of the village of Spring Valley, provided that such  person  resides  in  the town of Ramapo or the town of Clarkstown. Provided, however,  the  person  performing  the  functions  of  village justice  in any other village shall be a resident of such village unless otherwise provided by an act of the state legislature.   * NB There are 8 sb 67's   * 67.  In  the  village  of  Mount  Morris,  Livingston  county,   the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  village court clerk or deputy clerk/treasurer of the village of Mount Morris, provided that such person  resides  in  the  county  in which such village is located or an adjoining county within the state of New  York.  Provided,  however,  the  person performing the functions of village court clerk or deputy clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by  an  act  of the state legislature.   * NB There are 8 sb 67's   * 67.  In  the  county  of  Chenango,  the  provisions of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised,  shall not prevent a person from holding the office of deputy  sheriff of the county of Chenango, provided that such person resides  in Chenango  county  or  an  adjoining county within the state of New York; unless otherwise provided by law.   * NB There are 8 sb 67's   * 67.  In  the village of St. Johnsville, in the county of Montgomery, the provisions of this section requiring a person to be  a  resident  of the  political  subdivision  or  municipal  corporation of the state for which he or she shall be chosen or within  which  his  or  her  official functions  are required to be exercised, shall not prevent a person from holding the office  of  village  clerk/treasurer  and  code  enforcement officer  of  the  village  of  St. Johnsville, provided that such person resides in the county in which such village is located or  an  adjoining county  within  the  state  of  New  York. Provided, however, the person performing the functions of village clerk/treasurer and code enforcement officer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.   * NB There are 8 sb 67's   * 68. In the county  of  Chenango,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant  district  attorney  of  the county of Chenango, provided that such person resides in Chenango county or an adjoining county within the state of New York; provided, however that  any  person  performing  such functions  or  holding  the office of assistant district attorney in any other county shall  be  a  resident  of  such  county  unless  otherwise provided  by  law. The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney,  the holder  of  which  would assume the duties of the district attorney upon the district attorney's absence from the county  or  upon  the  district attorney's inability to perform his or her duties.   * NB There are 9 sb 68's   * 68.  In  the county of Nassau, the provisions of this section, or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such  person shall  be  chosen  or  within which such person's official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  correction officer in Nassau county, provided, however, that such person performing the duties and functions  of  correction  officer resides  in  Nassau county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.   * NB There are 9 sb 68's   * 68. In the county of Washington,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant  district  attorney of the county of Washington, provided that such person resides in Washington county or an adjoining  county  within the state of New York; provided, however that any person performing such functions  or  holding  the office of assistant district attorney in any other county shall  be  a  resident  of  such  county  unless  otherwise provided  by  law. The provisions of this subdivision shall not apply to any person holding the office of first assistant  district  attorney  or chief  assistant district attorney, the holder of which would assume the duties of the district attorney upon  the  district  attorney's  absence  from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 9 sb 68's   * 68. In the county of Lewis, the provisions of this section requiring a  person  to  be  a  resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen  or  within which  his or her official functions are required to be exercised, shall not prevent a person from  holding  the  office  of  assistant  district attorney of the county of Lewis, other than the first assistant district attorney,  provided  that  such  person resides in Lewis county or in an adjoining county within the state of New York; provided,  however,  that any  person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The  provisions  of  this  subdivision shall  not  apply  to  any  person holding the office of first assistant district attorney or chief assistant district attorney,  the  holder  of which would assume the duties of the district attorney upon the district attorney's  absence  from  the  county  or  upon the district attorney's inability to perform his or her duties.   * NB There are 9 sb 68's   * 68. In  the  county  of  Cayuga,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant district attorney or senior assistant district attorney of the county  of Cayuga, provided that such person resides in Cayuga county or an adjoining county within the state of  New  York;  provided,  however, that  any  person  performing  such  functions  or holding the office of assistant district attorney in any other county shall be a  resident  of such  county  unless  otherwise  provided by law. The provisions of this subdivision shall not apply to any person holding the  office  of  chief assistant district attorney, the holder of which would assume the duties of  the  district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his  or  her duties.   * NB There are 9 sb 68's   * 68.  In  the  town  of  Somers,  in  the  county of Westchester, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised  shall not prevent a person from holding the position of court attendant for the town of Somers, provided  that  such person  resides  in  the county in which such town is located. Provided, however, the person performing the functions of court attendant  in  any other  town  shall be a resident of such town, unless otherwise provided by an act of the state legislature.   * NB There are 9 sb 68's   * 68. In the village of  Airmont,  in  the  county  of  Rockland,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  building  inspector,  fire  inspector  and  code enforcement officers of the village of Airmont, provided that  such  person  resides within  Rockland  county  or an adjoining county within the state of New York. Provided, however, the person performing the functions of building inspector, fire inspector and code enforcement  officers  in  any  other  village shall be a resident of such village unless otherwise provided by an act of the state legislature.   * NB There are 9 sb 68's   * 68.  In the town of Pavilion, Genesee county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for  which  he  or  she  shall  be chosen, or within which his or her official functions are required to be exercised,  shall  not  prevent a person from holding the office of town superintendent of highways or town engineer of  the  town  of  Pavilion, provided that such person resides in an adjoining town or village within an  adjoining  town within the state of New York. Provided, however, the person performing the functions of town superintendent  of  highways  or town engineer in any other town shall be a resident of such town, unless otherwise provided by law.   * NB There are 9 sb 68's   * 68.  In  the  county  of  Oswego,  the  provisions  of  this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen or within which his  or  her  official  functions  are  required  to  be exercised, shall not prevent a person from holding the office of special patrol  officer  for  the  county  of  Oswego, provided that such person resides in Oswego county or an adjoining county within the state of  New York;  provided,  however,  that any person performing such functions or holding the office of special patrol officer in any other  county  shall be  a resident of such county unless otherwise provided by an act of the state legislature.   * NB There are 9 sb 68's   69. In  the  county  of  Chenango,  the  provisions  of  this  section requiring  a  person  to  be  a resident of the political subdivision or municipal corporation of the state for which he or she shall  be  chosen or  within  which  his  or  her  official  functions  are required to be exercised, shall not  prevent  a  person  from  holding  the  office  of assistant  public defender of the county of Chenango, provided that such person resides in Chenango county or  an  adjoining  county  within  the state  of  New  York;  provided, however that any person performing such functions or holding the office of  assistant  public  defender  in  any other  county  shall  be  a  resident  of  such  county unless otherwise provided by law. The provisions of this subdivision shall not  apply  to any  person  holding  the office of first assistant public defender, the holder of which would assume the duties of the public defender upon  the public  defender's absence from the county or upon the public defender's inability to perform his or her duties.   * 70. In the village of Riverside,  in  the  county  of  Steuben,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  village  clerk/treasurer and code enforcement officer of the village of Riverside, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York. Provided, however, the  person  performing  the  functions  of village  clerk/treasurer  and  code  enforcement  officer  in  any other village shall be a resident of such village, unless  otherwise  provided by an act of the state legislature.   * NB There are 6 sb 70's   * 70.  In  the  county  of  Orleans,  the  provisions  of this section requiring a person to be a resident  of  the  political  subdivision  or municipal  corporation  of the state for which he or she shall be chosen  or within which his  or  her  official  functions  are  required  to  be exercised,  shall  not  prevent  a  person  from  holding  the office of assistant district attorney of the county of Orleans, provided that such person resides in Orleans county or an adjoining county within the state of  New  York;  provided,  however,  that  any  person  performing  such functions or holding the office of assistant district  attorney  in  any other  county  shall  be  a  resident  of  such  county unless otherwise provided by law. The provisions of this subdivision shall not  apply  to any  person holding the office of first assistant district attorney, the holder of which would assume the duties of the  district  attorney  upon the  district  attorney's  absence  from the county or upon the district attorney's inability to perform his or her duties.   * NB There are 6 sb 70's   * 70. In the city of Amsterdam,  in  the  county  of  Montgomery,  the provisions  of  this  section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from  holding  the office  of  corporation  counsel in the city of Amsterdam, provided that such person resides in Montgomery county or an adjoining  county  within the state of New York; provided, however that any person performing such functions  or  holding such office in any other city shall be a resident of such city unless otherwise provided by law.   * NB There are 6 sb 70's   * 70. In the village of South Glens Falls, in the county of  Saratoga, the  provisions  of  this section requiring a person to be a resident of the political subdivision or municipal  corporation  of  the  state  for which  he  or  she  shall  be chosen or within which his or her official functions are required to be exercised, shall not prevent a person  from holding  the  office of clerk-treasurer, deputy clerk, deputy treasurer, code enforcement officer  or  building  inspector,  provided  that  such person  resides  in  Saratoga  county  or an adjoining county; provided, however that any person performing such functions or holding such office in any other  village  shall  be  a  resident  of  such  village  unless otherwise provided by law.   * NB There are 6 sb 70's   * 70.  In the city of Saratoga Springs, in the county of Saratoga, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office  of  deputy  mayor,  deputy  commissioner  of   finance,   deputy commissioner  of  public  works, deputy commissioner of public safety or deputy commissioner of accounts, provided that such  person  resides  in Saratoga  county;  provided,  however  that  any  person performing such functions or holding such office in any other city shall be  a  resident of such city unless otherwise provided by law.   * NB There are 6 sb 70's   * 70.  In  the  town  of  Angelica,  in  the  county  of Allegany, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of town justice of the  town  of  Angelica;  provided  that  such person  resides  in  a  town which adjoins such town and which is in the county  of  Allegany.  Provided,  however,  the  person  performing  the function  of  town justice in any other town shall be a resident of such town, unless otherwise provided by law.    * NB There are 6 par 70's   * 71.  In  the  city  of Mechanicville, in the county of Saratoga, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of city attorney of the city of Mechanicville, provided that such person resides in Saratoga county or  an  adjoining  county  within  the state  of  New  York;  provided, however that any person performing such functions or holding the office of the city attorney in any  other  city shall be a resident of such county unless otherwise provided by law.   * NB There are 4 sb 71's   * 71.  In  the  village of Buchanan, in the county of Westchester, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of  building  inspector,  fire  inspector  and  code  enforcement officers  of  the village of Buchanan, provided that such person resides within Westchester county or an adjoining county within the state of New York. Provided, however that the  person  performing  the  functions  of building  inspector, fire inspector and code enforcement officers in any other village shall be a  resident  of  such  village  unless  otherwise provided by an act of the state legislature.   * NB There are 4 sb 71's   * 71.  In  the  village  of  Northville,  in the county of Fulton, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of treasurer, village clerk and code enforcement officer  of  the village  of  Northville,  provided  that  such  person resides in Fulton county, or in  an  adjoining  county  within  the  state  of  New  York; provided,   however   that  any  person  performing  such  functions  of treasurer, village clerk, and code  enforcement  officer  in  any  other village shall be a resident of such village unless otherwise provided by law.   * NB There are 4 sb 71's   * 71.  In  the  village of Upper Nyack, in the county of Rockland, the provisions of this section requiring a person to be a  resident  of  the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required  to  be  exercised, shall not prevent a person from holding the office of assessor of the village provided that such person  resides  in the  county  in  which  such  village  is located or an adjoining county within the state of New York. Provided, however, the  person  performing the  functions  of  village  assessor  in  any other village shall be an elector of such village, unless otherwise provided by law.   * NB There are 4 sb 71's