Opn. No.

Requestor: Norris L. Webster, Esq., County Attorney County of Orleans P.O. Box 606 Medina, New York 14103

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have asked whether the county legislature may establish a salary for a person elected to fill the balance of a four-year term in the office of district attorney that is lower than his predecessor's salary.

You informed us that upon the occurrence of the vacancy in the office of district attorney, the Governor made an appointment under section 400(7) of the County Law to fill the vacancy until an election can be…