Opn. No.

Vincent Toomey, Esq. Informal Opinion Counsel No. 2000-20 Village of Southampton 3000 Marcus Avenue Lake Success, N Y 11042

Dear Mr. Toomey:

You have asked whether a person may serve simultaneously as Volunteer Fire Chief and Fire Marshal.

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