Opn. No.

THOMAS D. NOLAN, JR., ESQ. Village Attorney, Schuylerville

We acknowledge receipt of your letter inquiring whether a village clerk holds over in office after the expiration of the term if a new appointment to that office has not been made.

Under Village Law § 4-400, subdivision 1, paragraph c it is the responsibility of the mayor to appoint a new village clerk upon the expiration of the term of an incumbent and such appointment is subject to the approval of the village board of trustees. If the village board of trustees does not approve of the appointment, then the office is vacant for the…