2023 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. 1. 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 council member, 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.