2021 New York Laws
TWN - Town
Article 4 - Town Boards
60-A - Removal of Town Justices From Town Board.

§  60-a.  Removal of town justices from town board. 1. Notwithstanding
  any provision of this chapter or any other law to the contrary,  in  any
  town  in  which  a  town justice serves as a member of the town board, a
  vacancy shall be created and is hereby created on the  town  board  upon
  the  expiration of the term of office of such justice and the membership
  of such  town  board  shall  consist  of  a  town  supervisor  and  town
  councilmen  and the vacancy on such town board created by the expiration
  of the term of the town justice shall be filled at the general  election
  preceding  the expiration of the term of such justice by the election of
  a town councilman, unless the office of town councilman does  not  exist
  in  such  town.  In  the event the town board determines that councilmen
  should be elected biennially and in order to so provide, it is necessary
  that such councilman be elected for a single one year term or  a  single
  three  year  term,  such  town board may, by resolution provide that the
  town councilman elected to fill the vacancy created by the expiration of
  the term of town justice as town board member, shall  be  first  elected
  for  a  single one or three year term as provided in such resolution and
  his successors shall thereafter be elected for four year terms.
Notwithstanding the provisions of this section, or any  other  law  to
  the  contrary, which provides that a town justice shall not constitute a
  member of the town board, such office of town justice shall continue and
  such town justice shall have all the powers and duties of a town justice
  as defined by the uniform justice court act and as otherwise provided by
  law. Such town justices shall continue to be elected  as  town  justices
  except  that such town justices shall not constitute members of the town
  board.
2. In the event the town board determines that it will be in the  best
  interests  of  the  town,  such  town  board  may,  by the adoption of a
  resolution, subject to  permissive  referendum,  reduce  the  number  of
  councilmen  or  town  justices  and  provide  that the term of such town
  councilman first elected shall be for a single two or four year term  in
  order  to  provide  for  biennial town elections and his successor shall
  thereafter be elected for four year terms. In no event  shall  any  town
  board  constitute  less than two town councilmen and the supervisor. The
  town board of any town in which the number of councilmen or justices has
  been reduced pursuant to  this  subdivision,  may  adopt  a  resolution,
  subject to permissive referendum, restoring one or two of the offices of
  councilmen  or town justices previously reduced, provided, however, that
  the total number of town justices for such town including  the  restored
  offices,  shall  not  exceed  the  number provided in subdivision one of
  section twenty of this chapter. Such resolution shall provide for a  two
  or  four  year  term  for  the restored office of councilman in order to
  provide for biennial town elections, and his successor shall  thereafter
  be  elected  for  four  year terms. The election of a councilman or town
  justice to the restored office shall take place  at  the  biennial  town
  election  next  succeeding  the effective date of such resolution, for a
  term of office commencing January first following the election.