Opn. No.

Hon. Charles P. Caputo County Attorney, Fulton County

This is in reply to your letter dated July 17, 1978, in which you request our opinion concerning the decision of the New York State Court of Appeals in Resnick v. County of Ulster (44 N.Y.2d 279).

You point out that in Resnick v. County of Ulster, the Court held that county legislatures in noncharter counties may, in carrying out their home rule functions, enact local laws providing that a vacancy in the office of the county legislator occurring other than by expiration of its term is to be filled by the remaining membership of the body.

You…