Opn. No.

Hon. Joseph F. Klein Town Attorney, Babylon

This is in response to a letter from Assistant Town Attorney Raymond F. Wolfram, wherein he asks whether an elected village trustee may also hold the appointive position of deputy town supervisor.

It is a general rule that one person may hold two public offices simultaneously unless such holding is expressly prohibited by the New York State Constitution or other law, or the two offices are of such a nature that the simultaneous holding of both by the same person creates an incompatibility under the common law (People v. Irwin, 166 Misc. 492 [Court of…