Legal Opinion
Opn. No.
New York Attorney General Reports
Decided September 5, 1978Published
1Opinion of the Court
PUBLIC OFFICERS LAW §§ 4 (1), 42 (1); TOWN LAW § 64 (5).
1. If an elected town officer resigns after September 20 in an even-numbered year the vacancy is filled by appointment and unless the term will expire in the year in which the vacancy occurred the appointee will serve until the end of the following year.
2. If an elected town officer resigns before September 20 in an even-numbered year the vacancy is filled by appointment for the balance of the year and a successor is elected at the general election in November who will take office on the next January 1.
3. If a town board member resigns…
2Cases cited6 opinions
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
- Matter of Mitchell v. . BoyleNew York Court of Appeals · 1916
- Matter of Wing v. RyanNew York Court of Appeals · 1938
- In re MitchellAppellate Division of the Supreme Court of the State of New York · 1917
- Ward v. CurranAppellate Division of the Supreme Court of the State of New York · 1943
1 more not listed; retrieve them via the Exa API.