Opn. No.

HON. ROBERT G. LYMAN County Attorney, Albany County

This is in response to your letter of January 27, 1976, wherein you ask for an opinion of the Attorney General as to whether or not the Albany County Legislature is authorized to appoint a County Legislator to the position of Commissioner of Public Works provided said Legislator resigned prior to his appointment. Local Law No. 5 of 1973 of the County of Albany providing for an Albany County Charter was enacted on November 7, 1973, having been submitted to the electors at the general election on said date, pursuant to subdivisions five and…