Opn. No.

Daniel P. Deegan, Esq. Informal Opinion Glen Cove City Attorney No. 2004-7 Crowe Deegan, LLP 1 School Street, Suite 303 Glen Cove, New York 11592

You have asked whether a vacancy on the Glen Cove City Council, occurring by virtue of a tie vote at the preceding general election, may be filled by appointment by the Mayor and City Council under section C2-8 of the Glen Cove City Charter (the "Charter"), which governs vacancies that occur "otherwise than by expiration of term," or whether it may be filled by a special election proclaimed by the Governor under Public Officers Law ("POL") § 42(3).…