NY Town L § 60-A (2021)
2021 New York Laws TWN - Town Article 4 - Town Boards 60-A - Removal of Town Justices From Town Board.

§  60-a.  Removal of town justices from town board. 1. Notwithstanding   any provision of this chapter or any other law to the contrary,  in  any   town  in  which  a  town justice serves as a member of the town board, a   vacancy shall be created and is hereby created on the  town  board  upon   the  expiration of the term of office of such justice and the membership   of such  town  board  shall  consist  of  a  town  supervisor  and  town   councilmen  and the vacancy on such town board created by the expiration   of the term of the town justice shall be filled at the general  election   preceding  the expiration of the term of such justice by the election of   a town councilman, unless the office of town councilman does  not  exist   in  such  town.  In  the event the town board determines that councilmen   should be elected biennially and in order to so provide, it is necessary   that such councilman be elected for a single one year term or  a  single   three  year  term,  such  town board may, by resolution provide that the   town councilman elected to fill the vacancy created by the expiration of   the term of town justice as town board member, shall  be  first  elected   for  a  single one or three year term as provided in such resolution and   his successors shall thereafter be elected for four year terms.Notwithstanding the provisions of this section, or any  other  law  to   the  contrary, which provides that a town justice shall not constitute a   member of the town board, such office of town justice shall continue and   such town justice shall have all the powers and duties of a town justice   as defined by the uniform justice court act and as otherwise provided by   law. Such town justices shall continue to be elected  as  town  justices   except  that such town justices shall not constitute members of the town   board.2. In the event the town board determines that it will be in the  best   interests  of  the  town,  such  town  board  may,  by the adoption of a   resolution, subject to  permissive  referendum,  reduce  the  number  of   councilmen  or  town  justices  and  provide  that the term of such town   councilman first elected shall be for a single two or four year term  in   order  to  provide  for  biennial town elections and his successor shall   thereafter be elected for four year terms. In no event  shall  any  town   board  constitute  less than two town councilmen and the supervisor. The   town board of any town in which the number of councilmen or justices has   been reduced pursuant to  this  subdivision,  may  adopt  a  resolution,   subject to permissive referendum, restoring one or two of the offices of   councilmen  or town justices previously reduced, provided, however, that   the total number of town justices for such town including  the  restored   offices,  shall  not  exceed  the  number provided in subdivision one of   section twenty of this chapter. Such resolution shall provide for a  two   or  four  year  term  for  the restored office of councilman in order to   provide for biennial town elections, and his successor shall  thereafter   be  elected  for  four  year terms. The election of a councilman or town   justice to the restored office shall take place  at  the  biennial  town   election  next  succeeding  the effective date of such resolution, for a   term of office commencing January first following the election.