Informal Opinion No.

Charles M. Harrigan, Jr., Esq. Town Attorney, Ashford

You have asked whether a proposition to reduce the number of justices from two to one may be submitted to the voters at the biennial town election, when candidates for the office proposed to be abolished are running at the same election. The result of passage of the proposition is that the person elected to the abolished office would not assume office.

Under section 60-a(2) of the Town Law if the town board determines that it will be in the best interests of the town, it may adopt a resolution subject to permissive referendum to reduce the…