NY Vill L § 17-1708 (2021)
2021 New York Laws VIL - Village Article 17 - Provisions Applicable to a Village Embracing the Entire Territory of a Town 17-1708 - Trustees as Town Board.

§  17-1708 Trustees as town board. l. In any village which has been or   may hereafter be incorporated to embrace the entire territory of a  town   the  town  board  of  such town may, upon its own motion, and shall on a   petition signed and acknowledged by not less than fifty taxpayers of the   said town submit at any biennial town meeting or  at  any  special  town   meeting  called  for  the  purpose,  a  proposition substantially in the   following  form:  "Shall  the  board  of  trustees  of  the  village  of   .............constitute  the  town board of the town of ............ for   all purposes?"  In case the said proposition be adopted  by  a  majority   vote  of  the  electors  of  the  said town voting thereon, the board of   trustees of the said village, as the same shall be constituted from time   to time, shall, from and after the first day of January  next  following   the  date  of  the  said election, constitute the town board of the said   town for all purposes, and shall have all the rights, powers and  duties   thereof  and neither the supervisor nor the town clerk, nor the justices   of the peace of the said town, shall, by virtue  of  their  offices,  be   members  of  the said town board.  The town board of the said town as so   organized shall keep a separate journal of its proceedings and the  town   clerk shall be the clerk thereof.2. If in the village of Scarsdale in Westchester county, a proposition   has  been  adopted  as set forth in subdivision one of this section, and   the supervisor is not, by virtue of his office,  representative  of  the   town  or  the  county  board or other county legislative body, such town   board of the town may by local law or ordinance abolish the position  of   supervisor  and  thereupon  shall  assign his duties to such official or   officials as it may determine.3. In any village which has been or may hereafter be  incorporated  to   embrace  the  entire  territory  of a town, the proposition proposed and   submitted as provided in subdivision one of  this  section,  may  be  in   substantially the following form:  "Shall the offices of town supervisor   and  town councilman, as presently constituted, be deemed vacant and the   mayor and board of trustees of the village  of  _______________hereafter   constitute  the  supervisor and town board, respectively, of the town of   _________________for all purposes?" In  case  the  said  proposition  be   adopted  by  a majority of the electors of the said town voting thereon,   the mayor of the said village, as the office shall be held from time  to   time,  and  the board of trustees of the said village, as the same shall   be constituted from time to time, shall, from and after the first day of   January next succeeding  the  date  of  said  election,  constitute  the   supervisor  and  town board of the said town for all purposes, and shall   have all the rights, powers and duties  thereof  and  neither  the  town   clerk,  nor the town justices of the said town, shall by virtue of their   offices be members of the said town board. The town board  of  the  said   town  as  so  organized shall keep a separate journal of its proceedings   and the town clerk shall be the clerk thereof.4. In any village where a proposition has been adopted as provided  in   subdivisions  one  or three of this section, the incumbent and successor   holders of any village offices which thereby  are  constituted  as  town   offices  shall,  by virtue of their village offices, also hold such town   offices; and, from and after the date of adoption of  such  proposition,   no separate election for such town offices shall be conducted.5. Notwithstanding the provisions of article seventeen of the election   law,  elections  held in incorporated villages which are incorporated as   coterminous village pursuant to the provisions of this chapter shall  be   conducted in the same manner as election for town offices.