Opn. No.

HON. JAMES R. MURDOCK, JR., ESQ. Village Attorney, Ticonderoga

We acknowledge receipt of your letter inquiring as to the validity of a by-law of one of the fire companies in your village fire department. The by-law provides that upon an election of members, three negative votes or "black balls" defeat election to membership.

General inquiry reveals that a provision in the by-laws of a volunteer fire company similar to this is not unusual, particularly in the older fire companies throughout the state.

Village Law § 10-1006, subdivision 2, in relation to volunteer members of village fire…