2023 New York Laws › TWN - Town › Article 6 - Town Elections › 88 - Reduction of Number of Justices of the Peace and Election of Town Council Members.

§  88.  Reduction  of  number of justices of the peace and election of
  town council members. 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 council member 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 council member shall be so elected  and  the  first
  day  of  January  next  succeeding the biennial town election at which a
  second town  council  member  shall  be  elected,  the  supervisor,  the
  justices  of  the  peace  and the town council member 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
  council member shall be elected, the supervisor, the two justices of the
  peace and the two town council members 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 council members (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 council
  member; and on and after the first day of January  next  succeeding  the
  biennial  town  election  at which such town council members shall be so
  elected the supervisor, the justices of  the  peace  and  the  two  town
  council members of such town shall constitute the town board thereof. At
  each  biennial  election  at  which  no town council members 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  council
  member;  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  council members 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 council members.
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.