NY Town L § 88 (2021)
2021 New York Laws TWN - Town Article 6 - Town Elections 88 - Reduction of Number of Justices of the Peace and Election of Town Councilmen.

§  88.  Reduction  of  number of justices of the peace and election of   town councilmen. 1. Except in the  town  of  Hector  in  the  county  of   Schuyler,  and except as hereinafter provided, in any town of the second   class having more than two justices of the peace there shall be  elected   at  the  next biennial town election occurring after this act shall take   effect and at every biennial town election held in such town thereafter,   one justice of the peace and one town councilman  for  a  term  of  four   years  each  to  begin  on  the first day of January next succeeding the   election at which such officers were elected. During the period  between   the  first  day of January next succeeding the biennial town election at   which the first town councilman shall be so elected and the first day of   January next succeeding the biennial town election  at  which  a  second   town  councilman  shall  be elected, the supervisor, the justices of the   peace and the town councilman of such town  shall  constitute  the  town   board thereof. On and after the first day of January next succeeding the   biennial  town  election  at  which  the second town councilman shall be   elected, the supervisor, the two justices of the peace and the two  town   councilmen  shall  constitute such town board.  Nothing herein contained   shall be construed to abridge  the  term  of  a  justice  of  the  peace   heretofore elected in any town.2.  Notwithstanding the provisions of subdivision one of this section,   the town board of any town of the second class  to  which  this  section   shall  apply  may, by resolution, direct that at the first biennial town   election held after this act shall take effect, there shall  be  elected   two  town  councilmen  (but  no  justices  of the peace except to fill a   vacancy) for a term of four years each to begin  on  the  first  day  of   January  next  succeeding  the  election  at  which  such  officers were   elected, instead of one justice of the peace and  one  town  councilman;   and  on  and after the first day of January next succeeding the biennial   town election at which such town councilmen  shall  be  so  elected  the   supervisor,  the  justices  of  the peace and the two town councilmen of   such town shall constitute the town  board  thereof.  At  each  biennial   election  at  which  no  town  councilmen  are elected (except to fill a   vacancy) two justices of the peace shall be elected for a term  of  four   years  each  beginning  on the first day of January next succeeding such   election.3. Notwithstanding the provisions of subdivision one of this  section,   the  town  board  of  any town of the second class to which this section   shall apply may, by resolution, direct that at the first  biennial  town   election  held  after this act shall take effect, there shall be elected   two justices of the peace for a term of four years each to begin on  the   first day of January next succeeding the election at which such officers   were  elected,  instead  of  one  justice  of  the  peace  and  one town   councilman; and on and after the first day of  January  next  succeeding   the  biennial town election at which such justices of the peace shall be   so elected the supervisor and the justices of the peace shall constitute   the town board thereof. At the next biennial  election  thereafter,  two   town councilmen shall be elected for a term of four years each, in place   of  the two justices of the peace whose terms shall next expire, and the   town board shall thereafter consist of the supervisor, two  justices  of   the peace and two town councilmen.4.  The  provisions  of  this section, however, shall not apply to the   town of Islip in the county of Suffolk and, in such town, four  justices   of  the  peace  shall  continue  to be elected in accordance with former   provisions of law and the supervisor and the four justices of the  peace   shall continue to constitute the town board of such town.