Informal Opinion No.

John L. Kirkpatrick, Esq. Village Attorney, Fort Plain

You have asked whether an appointment that has been voided by the common law rule established by Wood v Town of Whitehall, 120 Misc. 124 (Sup Ct, Washington Co, 1923), affd 206 App. Div. 786 (3d Dept, 1923), may be remedied by resignation and reappointment of the officeholder.

You informed us that the board of trustees of your village appointed the mayor to the position of administrator of the village housing agency. Because the mayor was a member of the appointing body at the time of the appointment, under the rule of the Whitehall case…