Informal Opinion No.

Thomas F. English, Jr., Esq. Village Attorney, Elmsford

You have asked whether a person holding over in the position of building inspector continues to do so upon the mayor's appointment and the board of trustees' confirmation of a person as the deputy building inspector.

You have informed us that the building inspector's term expired and that there was a failure to reappoint the incumbent or appoint a successor. Under section 5 of the Public Officers Law that individual has been holding over in office. Section 5 provides that every officer, with exceptions not relevant here, "having duly…