Opn. No.

Glen A. Plotsky Informal Opinion No. 2009-2 Deputy Corporation Counsel City of Port Jervis 19 East Main Street P.O. Box 3139 Port Jervis, New York 12771-3139

Dear Mr. Plotsky:

You have asked whether a member of the City's Common Council can be appointed to fill a vacancy in the position of acting city court judge.1 Your question arises because General City Law § 3 provides, in relevant part, that "[n]o member of the common council of any city shall, during the period for which he was elected, be capable of holding under the appointment or election of the common council any office the emoluments…