Opn. No.

Requestor: Leonard Berkowitz, Esq., Town Attorney Town of Orchard Park S4295 South Buffalo Street Orchard Park, N Y 14127

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have asked whether a town police officer may run for and hold the position of village trustee of a village within the town.

In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office isPeople ex rel. Ryan v Green, 58 N.Y. 295 (1874). In that case the…