There is a newer version of the New York Consolidated Laws
2006 New York Code - Qualifications For Holding Office.
§ 3. Qualifications for holding office. 1. No person shall be capable
of holding a civil office who shall not, at the time he shall be chosen
thereto, have attained the age of eighteen years, except that in the
case of youth boards, youth commissions or recreation commissions only,
members of such boards or commissions may be under the age of eighteen
years, but must have attained the age of sixteen years on or before
appointment to such youth board, youth commission or recreation
commission, be a citizen of the United States, a resident of the state,
and if it be a local office, a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen, or
within which the electors electing him reside, or within which his
official functions are required to be exercised, or who shall have been
or shall be convicted of a violation of the selective draft act of the
United States, enacted May eighteenth, nineteen hundred seventeen, or
the acts amendatory or supplemental thereto, or of the federal selective
training and service act of nineteen hundred forty or the acts
amendatory thereof or supplemental thereto.
2. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
apply to the appointment of a person as a member of the police force of
any political subdivision or municipal corporation of the state if such
person resides (a) in the county in which such political subdivision or
municipal corporation is located; or (b) in a county within the state
contiguous to the county in which such political subdivision or
municipal corporation is located; or (c) in a county within the state
contiguous to such political subdivision or municipal corporation; or
(d) in a county within the state contiguous to a county described in
item (c) hereof where the former is less than fifteen miles from such
political subdivision or municipal corporation, measured from their
respective nearest boundary lines; or (e) in a county within the state
contiguous to a county described in item (d) hereof where the former is
less than thirty miles from such political subdivision or municipal
corporation, measured from their respective nearest boundary lines.
2-a. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall apply to the appointment of a member of the department
of sanitation of any municipality of the state who resides in a county
within the state contiguous to such municipality. A member of the
department of sanitation of any municipality who has five or more years
of service may reside (a) in a county in which such political
subdivision or municipal corporation is located; or (b) in a county
within the state contiguous to the county in which such political
subdivision or municipal corporation is located; or (c) in a county
within the state contiguous to such political subdivision or municipal
corporation described in paragraph (b) of this subdivision; or (d) in a
county within the state contiguous to a county described in paragraph
(c) of this subdivision.
* 2-b. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall apply to the appointment of an officer or employee of
the parole commission of an municipality of the state if such person
resides (a) in a county in which such political subdivision or municipal
corporation is located; or (b) in a county within the state contiguous
to the county in which such political subdivision or municipal
corporation is located; or (c) in a county within the state contiguous
to such political subdivision or municipal corporation; or (d) in a
county within the state contiguous to a county described in item (c)
hereof where the former is less than fifteen miles from such political
subdivision or municipal corporation, measured from their respective
nearest boundary lines.
* NB There are 2 sub 2-b's
* 2-b. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, requiring a person to be a resident of the political
subdivision of the state for which he shall be chosen, shall apply to
the appointment of a person, as an emergency special deputy sheriff, by
the sheriff of a county who has declared a state of special emergency
pursuant to section two hundred nine-f of the general municipal law, if
such person is at the time either a regular, part time or special deputy
sheriff of another county.
* NB There are 2 sub 2-b's
2-c. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state within which his or her official
functions are required to be exercised, shall apply to a person who is a
member of the police department of the city of Yonkers on the effective
date of this subdivision. Every such person may reside any place within
the counties of Westchester, Dutchess and Orange.
3. Nothing herein contained shall operate to prevent a person
regularly admitted to practice as an attorney and counsellor in the
courts of record of this state, whose office for the practice of law is
within the state, from accepting or retaining an appointment as a notary
public, as provided in section one hundred thirty of the executive law,
although he resides in or removes to an adjoining state. For the
purposes of accepting and retaining an appointment as a notary public
such person shall be deemed a resident of the county where he maintains
such office for the practice of law.
3-a. Nothing herein contained shall operate to prevent a person
regularly admitted to practice as an attorney and counsellor in the
courts of record of this state, whose office for the practice of law is
within the city of New York, from accepting or retaining an appointment
as a commissioner of deeds in and for the city of New York, as provided
in section one hundred forty of the executive law, although he resides
in or removes to another city in this state or to an adjoining state.
For the purposes of accepting and retaining an appointment as a
commissioner of deeds in and for the city of New York, such person shall
be deemed a resident of the county where he maintains such office.
4. Except as otherwise provided in subdivision nine of this section,
persons heretofore or hereafter employed in the paid fire department of
a city, town, village or fire district shall not be deemed to be holding
a civil office or a local office within the meaning of this section and
the provisions of this section shall not apply to such persons. The
provisions of any general, special or local law, city or village
charter, code or ordinance, or any rule or regulation requiring a person
to be a resident of the political subdivision or municipal corporation
of the state for which he shall be chosen or within which his official
functions are required to be exercised shall not apply to the
appointment or continuance in office of any such person so employed, if
such person resides in the county, or one of the counties, in which such
political subdivision or municipal corporation is located.
5. Volunteer firemen and volunteer fire officers of a fire department
or any company or unit thereof shall not be deemed to be holding a civil
office or a local office within the meaning of this section and the
provisions of this section shall not apply to such volunteer firemen and
volunteer fire officers. This subdivision shall not be deemed to amend,
modify or supersede any other general, special or local law, city or
village charter, code or ordinance, or any rule or regulation governing
any such fire department, which prescribes the qualifications which a
person must have to be a volunteer fireman or a volunteer fire officer
of a political subdivision or municipal corporation.
6. The provisions of this section requiring a person to be a resident
of the political subdivision or municipal corporation of the state for
which he shall be chosen or within which his official functions are
required to be exercised, shall not apply to the appointment of trustees
of a public village library, who reside outside the village in which
such library is located.
7. Nothing herein contained shall operate to prevent a person
regularly admitted to practice as an attorney and counsellor in the
courts of record of this state, whose office for the practice of law is
within the state, from accepting or retaining an appointment as a
commissioner of deeds in and for the city of New York, as provided in
section one hundred forty of the executive law, although he resides in
or removes to any other county in the state or an adjoining state. For
the purposes of accepting and retaining an appointment as a commissioner
of deeds such person shall be deemed a resident of the county where he
maintains such office for the practice of law.
8. The provisions of this section requiring a person to be a resident
of the political subdivision or municipal corporation of the state for
which he shall be chosen, or within which his official functions are
required to be exercised, shall not apply in the case of any probation
officers heretofore or hereafter appointed; nor shall they be applicable
in the case of any other persons heretofore or hereafter appointed to
non-judicial positions in the courts in this state, except those
appointed to positions in courts for towns, villages and cities outside
the city of New York. This subdivision shall not be deemed to amend,
modify or supersede any other general, special or local law, charter,
code or ordinance, or any rule or regulation which prescribes the
qualifications which a person must have to be appointed to a position
referred to herein.
9. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
apply to the appointment of a paid member of the uniformed force of a
paid fire department or to the appointment of any person employed in a
department of correction in the correction service classification of the
classified civil service, or to the appointment of officers and
inspectors who are employees of a department of health of any city of
over one million population who resides (a) in the county in which such
city is located; or (b) in a county within the state contiguous to the
county in which said city is located; or (c) in a county within the
state contiguous to such city; or (d) in a county within the state which
is not more than fifteen miles from said city.
10. Neither the provisions of this section, nor of any general,
special or local law, charter, code or ordinance, resolution, rule or
regulation, requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall apply to the appointment of a member of a drug abuse
prevention council of any municipality of the state if such person
resides in a county in which such political subdivision or municipal
corporation is located.
11. In the city of Salamanca the provisions of this section requiring
a person to be a resident of the political subdivision or municipal
corporation of the state for which he shall be chosen or within which
his official functions are required to be exercised, shall not prevent a
person regularly admitted to practice as an attorney or counsellor in
the courts of record of this state from holding the office of city
attorney or city justice of the city of Salamanca, if such person
resides in the county in which such city is located.
12. The provisions of this section or of any other provision of law
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not apply to the appointment of public officers in the city of Troy,
except the city manager of such city, provided that such appointed
officers are residents of the county of Rensselaer.
13. In the city of Hudson the provisions of this section requiring a
person to be a resident of the political subdivision or municipal
corporation of the state for which he shall be chosen or within which
his official functions are required to be exercised, shall not prevent a
person from holding the office of city court judge of the city of
Hudson, provided that such person resides in the county in which such
city is located.
14. In the town of Mount Pleasant, Westchester county, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
engineer of the town of Mount Pleasant, provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York.
15. In the town of North Castle, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
engineer or the office of town building inspector of the town of North
Castle, provided that such person resides in the county in which such
town is located or an adjoining county within the state of New York.
16. In the town of New Castle, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
superintendent of highways or town engineer of the town of New Castle,
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York or such town
provides by resolution that such person need not be a resident of such
town, but must be a resident of New York state.
17. In the town of North Salem, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
building inspector or deputy town building inspector of the town of
North Salem, provided that such person resides in the county in which
such town is located or an adjoining county within the state of New
York.
18. In the town of Mount Pleasant, Westchester county, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of
comptroller or building inspector of the town of Mount Pleasant,
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York.
19. Any person who resides in this state and who is currently employed
as a member of the police force, a paid member of the uniformed force of
a paid fire department or department of corrections in the correctional
service classification of the classified civil service, of a city of
over one million population, shall be exempt from the provisions of
subdivisions one, two and nine of this section upon compliance with the
procedure set forth in this subdivision. Any person seeking to benefit
from the exemption created by this subdivision shall notify his
respective employer in writing of said intention within thirty days from
the effective date of this subdivision and shall specify his then
current residence address. The exemption created by this subdivision
shall be applicable only to said actual designated residence and not to
any residence that any subject currently employed member may thereafter
establish; provided, however, that any such currently employed member
who resides outside this state shall have one year from the effective
date of this subdivision within which to establish residence as required
pursuant to subdivisions one, two and nine of this section and comply
with the notice requirements of this subdivision. Said residence shall
constitute a lawful residence for all purposes notwithstanding any
provision to the contrary of any general, special or local law, charter,
code, ordinance, resolution, rule or regulation.
* 20. In the town of Carmel, Putnam county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of town engineer of the
town of Carmel or the office of wetlands inspector of the town of Carmel
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York.
* NB There are 4 sub 20's
* 20. In the town of Bolivar, Allegany county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of town superintendent of
highways of the town of Bolivar, provided that such person resides in
the county in which such town is located.
* NB There are 4 sub 20's
* 20. In the city of Ithaca, Tompkins county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of member of the board of
fire commissioners of the city of Ithaca, provided that such person
resides in the county in which such city is located and within the town
of Ithaca.
* NB There are 4 sub 20's
* 20. In the town of Mamaroneck, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
town clerk of the town of Mamaroneck, provided that such person resides
in the county in which such town is located or an adjoining county
within the state of New York.
* NB There are 4 sub 20's
21. In the town of Lewisboro, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
engineer of the town of Lewisboro provided that such person resides in
the county in which such town is located or an adjoining county within
the state of New York.
22. In the town of Lewisboro, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
building inspector or deputy town building inspector of the town of
Lewisboro provided that such person resides within the state of New
York.
23. In the town of Sweden, Monroe county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of court clerk of the town
of Sweden, provided that such person resides in the county in which such
town is located or an adjoining county within the state of New York.
* 24. In the town of Greenburgh, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised shall not prevent a person from holding any appointed public
office, provided that such person resides in the state of New York.
* NB There are 3 sub 24's
* 24. In the town of Ogden, Monroe county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of court clerk of the town
of Ogden, provided that such person resides in the county in which such
town is located or an adjoining county within the state of New York.
* NB There are 3 sub 24's
* 24. In the towns of Aurora, Holland and Marilla, Erie county, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
shall be chosen or within which his official functions are required to
be exercised, shall not prevent a person from holding the office of
court clerk to the justices of the towns of Aurora, Holland and Marilla
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York.
* NB There are 3 sub 24's
25. In the town of Patterson, Putnam county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of wetlands inspector
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York.
26. In the town of Ithaca, Tompkins county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of town engineer of the
town of Ithaca provided that such person resides in the county in which
such town is located or an adjoining county within the state of New
York.
27. In the town of Bedford, Westchester county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of court clerk, deputy
court clerk or any position within the court clerk's office of the town
of Bedford.
28. In respect to public officers employed by Westchester county, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised shall not prevent a person from holding any
appointed public office, provided that such person resides in the state
of New York.
29. In the town of Somers, Westchester county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of town engineer of the
town of Somers.
31. In the town of Victor, Ontario county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of court
clerk of the town of Victor, provided that such person resides in an
adjoining town in the county in which such town is located.
* 32. In the village of Penn Yan, Yates county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of justice court clerk of
the village of Penn Yan, provided that such person resides in the county
in which such village is located or an adjoining county within the state
of New York.
* NB There are 2 sub 32's
* 32. In the town of North East, Dutchess county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
engineer of the town of North East, provided that such person resides in
the county in which such town is located or an adjoining county within
the state of New York.
* NB There are 2 sub 32's
33. In the Flint Creek Small Watershed Protection district in the
counties of Ontario and Yates, the provisions of this section requiring
a person to be a resident of the political subdivision or municipal
corporation of the state for which he shall be chosen or within which
his official functions are required to be exercised, shall not prevent a
person from holding a district office, provided that such person owns
real property within the district boundaries.
* 34. In the town of Hamlin, county of Monroe, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of court
clerk of the town of Hamlin, provided that such person resides in the
county in which such town is located or an adjoining county within the
state of New York.
* NB There are 3 sub 34's
* 34. In the village of Goshen, Orange county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of treasurer of the village
of Goshen, provided that such person resides within the state of New
York.
* NB There are 3 sub 34's
* 34. In the town of Grove, Allegany county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of town
justice of the town of Grove, provided that such person resides in the
county in which such town is located. Provided, however, the person
performing the functions of town justice in any other town shall be a
resident of such town unless otherwise provided by an act of the state
legislature.
* NB There are 3 sub 34's
35. Nothing herein contained shall operate to prevent an otherwise
qualified officer or agent of any society for the prevention of cruelty
to children having its principal office located within a city with a
population of one million or more from accepting or retaining
appointment as a peace officer with such society when such officer or
agent satisfies the provisions as to residence set forth in subdivision
two of this section.
36. In the village of Arkport, Steuben county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of clerk/treasurer of the
village of Arkport, provided that such person resides in the county in
which such village is located or an adjoining county within the state of
New York.
37. In the town of Independence, Allegany county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which such person
shall be chosen or within which such person's official functions are
required to be exercised, shall not prevent a person from holding the
office of town justice of the town of Independence, provided that such
person resides in the county in which such town is located. Provided,
however, the person performing the functions of town justice in any
other town shall be a resident of such town, unless otherwise provided
by an act of the state legislature.
38. In the county of Yates, the provisions of this section requiring a
person to be a resident of the political subdivision or municipal
corporation of the state for which he shall be chosen or within which
his official functions are required to be exercised, shall not prevent a
person from holding the office of assistant district attorney of the
county of Yates, other than the first assistant district attorney,
provided that such person resides in Yates county or an adjoining county
within the state of New York.
38-a. In the county of Yates, the provisions of this section requiring
a person to be a resident of the political subdivision or municipal
corporation of the state for which he or she shall be chosen or within
which his or her official functions are required to be exercised, shall
not prevent a person regularly admitted to practice as an attorney or
counselor in the courts of record of this state from holding the office
of assistant public defender of the county of Yates, provided that such
person resides in the county of Yates or an adjoining county within the
state of New York.
39. In the town of Birdsall, Allegany county, the provisions of this
section requiring a person to be a resident of the political subdivision
of municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of town
justice of the town of Birdsall, provided that such person resides in
the county in which such town is located. Provided, however, the person
performing the functions of town justice in any other town shall be a
resident of such town, unless otherwise provided by an act of the state
legislature.
* 40. In the town of West Union, Steuben county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which such person
shall be chosen or within which such person's official functions are
required to be exercised, shall not prevent a person from holding the
office of town justice of the town of West Union, provided that such
person resides in the county in which such town is located. Provided,
however, the person performing the functions of town justice in any
other town shall be a resident of such town, unless otherwise provided
by an act of the state legislature.
* NB There are 4 sub 40's
* 40. In the town of Granger, Allegany county, the provisions of this
section requiring a person to be a resident of the political subdivision
of municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of town
justice of the town of Granger, provided that such person resides in the
county in which such town is located. Provided, however, the person
performing the functions of town justice in any other town shall be a
resident of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 4 sub 40's
* 40. In the town of Somers, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within his official functions are required to be exercised,
shall not prevent a person from holding the office of town building
inspector provided that such person resides in the county in which such
town is located or an adjoining county within the state of New York.
* NB There are 4 sub 40's
* 40. In the town of Pound Ridge, Westchester county, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
superintendent of highways of the town of Pound Ridge provided that such
person resides in the county in which such town is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of town superintendent of highways in
any other town shall be a resident of such town, unless otherwise
provided by an act of the state legislature.
* NB There are 4 sub 40's
* 41. In the county of Putnam, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff in Putnam county, provided, however, that such person performing
the duties and functions of deputy sheriff resides in Putnam county or
any adjoining county within New York state unless otherwise provided by
an act of the state legislature.
* NB There are 3 sub 41's
* 41. In the town of Somers, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within his official functions are required to be exercised,
shall not prevent a person from holding the office of court clerk of the
town of Somers provided that such person resides in the county in which
such town is located or an adjoining county within the state of New
York.
* NB There are 3 sub 41's
* 41. In the town of Pound Ridge, Westchester county, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
building inspector of the town of Pound Ridge provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York. Provided, however, the person
performing the functions of town building inspector in any other town
shall be a resident of such town, unless otherwise provided by an act of
the state legislature.
* NB There are 3 sub 41's
* 42. In the county of Putnam, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of
correction officer in Putnam county, provided, however, that such person
performing the duties and functions of correction officer resides in
Putnam county or any adjoining county within New York state unless
otherwise provided by an act of the state legislature.
* NB There are 2 sub 42's
* 42. In the town of Pound Ridge, Westchester county, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
building inspector of the town of Pound Ridge provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York. Provided, however, the person
performing the functions of deputy building inspector in any other town
shall be a resident of such town, unless otherwise provided by an act of
the state legislature.
* NB There are 2 sub 42's
* 43. In the city of Jamestown, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding such office of director of public
works in the city of Jamestown, provided that such person resides in the
county in which such city is located.
* NB There are 2 sub 43's
* 43. In the town of Ogden, Monroe county, the provisions of this
section requiring a person to be a resident of a political subdivision
or municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of
building inspection and code enforcement officer of the town of Ogden
provided that such person resides in the county in which such town is
located. Provided, however, the person performing the functions of
building inspection and code enforcement officer in any other town shall
be a resident of such town, unless otherwise provided by law.
* NB There are 2 sub 43's
* 44. In the county of Tioga, the provisions of this section requiring
a person to be a resident of the political subdivision or municipal
corporation of the state for which such person shall be chosen or within
which such person's official functions are required to be exercised,
shall not prevent a person from holding the office of correction officer
in Tioga county, provided, however, that such person performing the
duties and functions of correction officer resides in Tioga county or
any adjoining county within New York state, unless otherwise provided by
an act of the state legislature.
* NB There are 4 sub 44's
* 44. In the town of Hamlin, Monroe county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporations of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of town
building inspector/code enforcement officer of the town of Hamlin
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York. Provided,
however, the person performing the functions of town building
inspector/code enforcement officer in any other town shall be a resident
of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 4 sub 44's
* 44. In the town of Clarkson, in the county of Monroe, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of building inspector in the town of Clarkson provided that such
person resides in the county in which such town is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of building inspector in any other town
shall be a resident of such town, unless otherwise provided by law.
* NB There are 4 sub 44's
* 44. In the county of Madison, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of assistant district
attorney of the county of Madison, provided that such person resides in
Madison county or an adjoining county within the state of New York.
* NB There are 4 sub 44's
* 45. In the town of Hamlin, Monroe county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he or she shall be
chosen or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of town
fire marshall of the town of Hamlin provided that such person resides in
the county in which such town is located or an adjoining county within
the state of New York. Provided, however, the person performing the
functions of town fire marshall in any other town shall be a resident of
such town, unless otherwise provided by an act of the state legislature.
* NB There are 2 sub 45's
* 45. In the town of Clarkson, in the county of Monroe, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of code enforcement officer in the town of Clarkson provided that
such person resides in the county in which such town is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of code enforcement officer in any other
town shall be a resident of such town, unless otherwise provided by law.
* NB There are 2 sub 45's
* 46. In the town of Andover, in the county of Allegany, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of town justice of the town of Andover, provided that such person
resides in the county in which such town is located. Provided, however,
the person performing the functions of town justice in any other town
shall be a resident of such town, unless otherwise provided by law.
* NB There are 3 sub 46's
* 46. In the town of Somers, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within his official functions are required to be exercised,
shall not prevent a person from holding the office of town building
inspector provided that such person resides in the county in which such
town is located, Dutchess county, or an adjoining county to Westchester
county, within the state of New York.
* NB There are 3 sub 46's
* 46. In the city of Mechanicville the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be chosen
or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of acting
judge of the city court of Mechanicville, provided that such person
resides in the county of Saratoga.
* NB There are 3 sub 46's
47. In the town of Somers, Westchester county, the provisions of this
section requiring a person to be a resident of the political subdivision
or municipal corporation of the state for which he shall be chosen or
within his official functions are required to be exercised, shall not
prevent a person from holding the office of court clerk of the town of
Somers provided that such person resides in the county in which such
town is located, Dutchess county, or an adjoining county to Westchester
county, within the state of New York.
* 48. In the town of Colesville, in the county of Broome, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk of the town of Colesville, provided that such
person resides in the county in which such town is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of court clerk in any other town shall
be a resident of such town, unless otherwise provided by law.
* NB There are 3 sub 48's
* 48. In the county of Fulton, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff in Fulton county, provided, however, that such person performing
the duties and functions of deputy sheriff resides in Fulton county or
any adjoining county within New York state unless otherwise provided by
an act of the state legislature.
* NB There are 3 sub 48's
* 48. In the county of Montgomery, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff in Montgomery county, provided, however, that such person
performing the duties and functions of deputy sheriff resides in
Montgomery county or any adjoining county within New York state unless
otherwise provided by an act of the state legislature.
* NB There are 3 sub 48's
* 49. In the county of Madison, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be chosen
or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff of the county of Madison, provided that such person resides in
Madison county or an adjoining county within New York state, unless
otherwise provided by an act of the state legislature.
* NB There are 7 sub 49's
* 49. In the county of Tompkins, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff in Tompkins county, provided, however, that such person
performing the duties and functions of deputy sheriff resides in
Tompkins county or any adjoining county within New York state unless
otherwise provided by an act of the state legislature.
*NB There are 7 sub 49's
* 49. In the village of Trumansburg, in the county of Tompkins, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of village clerk-treasurer and deputy clerk of the village of
Trumansburg, provided that such person resides in the county in which
such village is located or an adjoining county within the state of New
York. Provided, however, the person performing the functions of village
clerk-treasurer and deputy clerk in any other village shall be a
resident of such village, unless otherwise provided by an act of the
state legislature.
* NB There are 7 sub 49's
* 49. In the town of Copake, in the county of Columbia, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk or deputy court clerk of the town of Copake,
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York. Provided,
however, the persons performing the functions of court clerk and deputy
court clerk in any other town shall be a resident of such town, unless
otherwise provided by law.
* NB There are 7 sub 49's
* 49. In the town of Barker, in the county of Broome, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk of the town of Barker, provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York. Provided, however, the person
performing the functions of court clerk in any other town shall be a
resident of such town, unless otherwise provided by law.
* NB There are 7 sub 49's
* 49. In the town of Maine, in the county of Broome, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of building inspector/code enforcement of the town of Maine,
provided that such person resides in the county in which such town is
located or an adjoining county within the state of New York.
* NB There are 7 sub 49's
* 49. In the town of Nanticoke, in the county of Broome, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk of the town of Nanticoke, provided that such
person resides in the county in which such town is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of court clerk in any other town shall
be a resident of such town, unless otherwise provided by law.
* NB There are 7 sub 49's
* 50. In the city of Peekskill, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be chosen
or within which his or her official functions are required to be
exercised, shall not prevent a person regularly admitted to practice as
an attorney or counselor in the courts of record of this state from
holding the office of city court judge for the city of Peekskill, if
such person resides in Westchester county unless otherwise provided by
an act of the state legislature.
* NB There are 5 sub 50's
* 50. In the town of Kirkwood, in the county of Broome, the provisions
of this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk of the town of Kirkwood, provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York. Provided, however, the person
performing the functions of court clerk in any other town shall be a
resident of such town, unless otherwise provided by law.
* NB There are 5 sub 50's
* 50. In the town of Big Flats, in the county of Chemung, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of assessor, town attorney or director of building
inspection/code enforcement office in the town of Big Flats, provided
that such person resides in the county in which such town is located or
an adjoining county within the state of New York. Provided, however, any
person performing such functions or holding such offices in any other
town shall be a resident of such town, unless otherwise provided by law.
* NB There are 5 sub 50's
* 50. In the county of Nassau, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which such person shall be chosen
or within which such person's official functions are required to be
exercised, shall not prevent a person from holding the office of deputy
sheriff in the county of Nassau, provided that such person performing
the duties and functions of deputy sheriff resides in Nassau county or
any adjoining county within New York state, unless otherwise provided by
an act of the state legislature.
* NB There are 5 sub 50's
* 50. In the county of Schuyler, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of assistant district
attorney of the county of Schuyler, other than the chief assistant
district attorney, provided that such person resides in Schuyler county
or an adjoining county within the state of New York.
* NB There are 5 sub 50's
* 51. In the village of Honeoye Falls, in the county of Monroe, the
provisions of this section requiring a person to be a resident of the
political subdivision or municipal corporation of the state for which he
or she shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of code enforcement officer and building inspector of the village
of Honeoye Falls, provided that such person resides in the county in
which such village is located or an adjoining county within the state of
New York. Provided, however, the person performing the functions of code
enforcement officer and building inspector in any other village shall be
a resident of such village, unless otherwise provided by an act of the
state legislature.
* NB There are 3 sub 51's
* 51. In the town of Maine, in the county of Broome, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he or she
shall be chosen or within which his or her official functions are
required to be exercised, shall not prevent a person from holding the
office of court clerk of the town of Maine, provided that such person
resides in the county in which such town is located or an adjoining
county within the state of New York. Provided, however, the person
performing the functions of court clerk in any other town shall be a
resident of such town, unless otherwise provided by law.
* NB There are 3 sub 51's
* 51. In the village of Deposit, in the counties of Broome and
Delaware, the provisions of this section requiring a person to be a
resident of the political subdivision or municipal corporation of the
state for which he or she shall be chosen or within which his or her
official functions are required to be exercised, shall not prevent a
person from holding the office of village clerk-treasurer, deputy
clerk-treasurer or court clerk of the village of Deposit, provided that
such person resides in the county in which such village is located or an
adjoining county within the state of New York. Provided, however, the
person performing the functions of village clerk-treasurer, deputy
clerk-treasurer or court clerk in any other village shall be a resident
of such village, unless otherwise provided by an act of the state
legislature.
* NB There are 3 sub 51's
52. In the county of Schuyler, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he shall be chosen or
within which his official functions are required to be exercised, shall
not prevent a person from holding the office of deputy sheriff of the
county of Schuyler, provided that such person resides in Schuyler county
or an adjoining county within the state of New York, unless otherwise
provided by law.
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