Informal Opinion No.

Sandra L. Berman, Esq. Town Attorney, Smithtown

You have asked whether an elective officer of your town has vacated his office by failing to file the required undertaking for the office within the time required by law.

You have related facts and produced documentation to enable a determination as to whether the officer failed to file his undertaking within the time required by law. As a general policy and as a practical matter, this office is unable to make determinations of fact in our opinion rendering process. Thus, determining whether a timely undertaking was filed must be left to local…