§ 3 — Qualifications for holding office

New York § 3

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 2: Appointment and Qualification of Public Officers

Text

§ 3. Qualifications for holding office. 1. No person shall be capable\nof holding a civil office who shall not, at the time he or she shall be\nchosen thereto, have attained the age of eighteen years, except that in\nthe case of youth boards, youth commissions, recreation commissions, or\ncommunity boards in the city of New York only, members of such boards or\ncommissions may be under the age of eighteen years, but must have\nattained the age of sixteen years on or before appointment to such youth\nboard, youth commission, recreation commission, or community board in\nthe city of New York, be a citizen of the United States, a resident of\nthe state, and if it be a local office, a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen, or within which the electors electing him or her\nreside, or within which his or her official functions are required to be\nexercised, or who shall have been or shall be convicted of a violation\nof the selective draft act of the United States, enacted May eighteenth,\nnineteen hundred seventeen, or the acts amendatory or supplemental\nthereto, or of the federal selective training and service act of\nnineteen hundred forty or the acts amendatory thereof or supplemental\nthereto.\n 1-a. (i) No person shall be capable of holding a civil office who\nshall stand convicted of a felony defined in article two hundred or four\nhundred ninety-six or section 195.20 of the penal law.\n (ii) Any individual who stands convicted of a misdemeanor defined in\narticle two hundred, article four hundred ninety-six or section 195.00\nof the penal law may not hold civil office for a period of five years\nfrom the date of conviction, provided that in the event such conviction\nis the result of a plea agreement resulting in a plea to such charge in\nlieu of a plea or conviction of a felony defined in section 195.20,\narticle two hundred or article four hundred ninety-six of the penal law,\nall parties to such agreement may agree that the period of such bar may\nbe for a period of up to ten years from the date of conviction.\n 2. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\napply to the appointment of a person as a member of the police force of\nany political subdivision or municipal corporation of the state if such\nperson resides (a) in the county in which such political subdivision or\nmunicipal corporation is located; or (b) in a county within the state\ncontiguous to the county in which such political subdivision or\nmunicipal corporation is located; or (c) in a county within the state\ncontiguous to such political subdivision or municipal corporation; or\n(d) in a county within the state contiguous to a county described in\nitem (c) hereof where the former is less than fifteen miles from such\npolitical subdivision or municipal corporation, measured from their\nrespective nearest boundary lines; or (e) in a county within the state\ncontiguous to a county described in item (d) hereof where the former is\nless than thirty miles from such political subdivision or municipal\ncorporation, measured from their respective nearest boundary lines.\n 2-a. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of a member of the department\nof sanitation of any municipality of the state who resides in a county\nwithin the state contiguous to such municipality. A member of the\ndepartment of sanitation of any political subdivision or municipal\ncorporation who has five or more years of service or in the case of a\nmember of the department of sanitation in a city with a population of\none million or more who has two or more years of service to such city\nmay reside (a) in a county in which such political subdivision or\nmunicipal corporation is located; or (b) in a county within the state\ncontiguous to the county in which such political subdivision or\nmunicipal corporation is located; or (c) in a county within the state\ncontiguous to such political subdivision or municipal corporation; or\n(d) in a county within the state which is not more than fifteen miles\nfrom such political subdivision or municipal corporation.\n * 2-b. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of an officer or employee of\nthe parole commission of an municipality of the state if such person\nresides (a) in a county in which such political subdivision or municipal\ncorporation is located; or (b) in a county within the state contiguous\nto the county in which such political subdivision or municipal\ncorporation is located; or (c) in a county within the state contiguous\nto such political subdivision or municipal corporation; or (d) in a\ncounty within the state contiguous to a county described in item (c)\nhereof where the former is less than fifteen miles from such political\nsubdivision or municipal corporation, measured from their respective\nnearest boundary lines.\n * NB There are 2 sub 2-b's\n * 2-b. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision of the state for which he shall be chosen, shall apply to\nthe appointment of a person, as an emergency special deputy sheriff, by\nthe sheriff of a county who has declared a state of special emergency\npursuant to section two hundred nine-f of the general municipal law, if\nsuch person is at the time either a regular, part time or special deputy\nsheriff of another county.\n * NB There are 2 sub 2-b's\n 2-c. Neither the provisions of this section or of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state within which his or her official\nfunctions are required to be exercised, shall apply to a person who is a\nmember of the police department of the city of Yonkers on the effective\ndate of this subdivision. Every such person may reside any place within\nthe counties of Westchester, Dutchess and Orange.\n 2-d. Neither the provisions of this section nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state by which he or she is\nemployed, shall apply to a person who is employed as a deputy sheriff by\nthe city of New York and who resides (a) in a county within the state\ncontiguous to such municipality; or (b) in a county within the state\ncontiguous to a county described in paragraph (a) of this subdivision.\n 3. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the state, from accepting or retaining an appointment as a notary\npublic, as provided in section one hundred thirty of the executive law,\nalthough he resides in or removes to an adjoining state. For the\npurposes of accepting and retaining an appointment as a notary public\nsuch person shall be deemed a resident of the county where he maintains\nsuch office for the practice of law.\n 3-a. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the city of New York, from accepting or retaining an appointment\nas a commissioner of deeds in and for the city of New York, as provided\nin section one hundred forty of the executive law, although he resides\nin or removes to another city in this state or to an adjoining state.\nFor the purposes of accepting and retaining an appointment as a\ncommissioner of deeds in and for the city of New York, such person shall\nbe deemed a resident of the county where he maintains such office.\n 4. Except as otherwise provided in subdivision nine of this section,\npersons heretofore or hereafter employed in the paid fire department of\na city, town, village or fire district shall not be deemed to be holding\na civil office or a local office within the meaning of this section and\nthe provisions of this section shall not apply to such persons. The\nprovisions of any general, special or local law, city or village\ncharter, code or ordinance, or any rule or regulation requiring a person\nto be a resident of the political subdivision or municipal corporation\nof the state for which he shall be chosen or within which his official\nfunctions are required to be exercised shall not apply to the\nappointment or continuance in office of any such person so employed, if\nsuch person resides in the county, or one of the counties, in which such\npolitical subdivision or municipal corporation is located.\n 5. Volunteer firefighters and volunteer fire officers of a fire\ndepartment or any company or unit thereof shall not be deemed to be\nholding a civil office or a local office within the meaning of this\nsection and the provisions of this section shall not apply to such\nvolunteer firefighters and volunteer fire officers. This subdivision\nshall not be deemed to amend, modify or supersede any other general,\nspecial or local law, city or village charter, code or ordinance, or any\nrule or regulation governing any such fire department, which prescribes\nthe qualifications which a person must have to be a volunteer\nfirefighter or a volunteer fire officer of a political subdivision or\nmunicipal corporation.\n 6. The provisions of this section requiring a person to be a resident\nof the political subdivision or municipal corporation of the state for\nwhich he shall be chosen or within which his official functions are\nrequired to be exercised, shall not apply to the appointment of trustees\nof a public village library, who reside outside the village in which\nsuch library is located.\n 7. Nothing herein contained shall operate to prevent a person\nregularly admitted to practice as an attorney and counsellor in the\ncourts of record of this state, whose office for the practice of law is\nwithin the state, from accepting or retaining an appointment as a\ncommissioner of deeds in and for the city of New York, as provided in\nsection one hundred forty of the executive law, although he resides in\nor removes to any other county in the state or an adjoining state. For\nthe purposes of accepting and retaining an appointment as a commissioner\nof deeds such person shall be deemed a resident of the county where he\nmaintains such office for the practice of law.\n 8. The provisions of this section requiring a person to be a resident\nof the political subdivision or municipal corporation of the state for\nwhich he shall be chosen, or within which his official functions are\nrequired to be exercised, shall not apply in the case of any probation\nofficers heretofore or hereafter appointed; nor shall they be applicable\nin the case of any other persons heretofore or hereafter appointed to\nnon-judicial positions in the courts in this state, except those\nappointed to positions in courts for towns, villages and cities outside\nthe city of New York. This subdivision shall not be deemed to amend,\nmodify or supersede any other general, special or local law, charter,\ncode or ordinance, or any rule or regulation which prescribes the\nqualifications which a person must have to be appointed to a position\nreferred to herein.\n 9. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall apply to the appointment of a paid member of the\nuniformed force of a paid fire department, who, for purposes of this\nsection shall include persons employed as fire alarm dispatchers, or to\nthe appointment of any person employed in a department of correction in\nthe correction service classification of the classified civil service,\nor to the appointment of officers and inspectors who are employees of a\ndepartment of health of any city of over one million population who\nresides (a) in the county in which such city is located; or (b) in a\ncounty within the state contiguous to the county in which said city is\nlocated; or (c) in a county within the state contiguous to such city; or\n(d) in a county within the state which is not more than fifteen miles\nfrom said city.\n 9-a. The provisions of this section requiring a person to be a\nresident of the state shall not apply to any person employed as a\ncorrection officer trainee or correction officer who is employed at a\nstate correctional facility.\n 10. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code or ordinance, resolution, rule or\nregulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall apply to the appointment of a member of a drug abuse\nprevention council of any municipality of the state if such person\nresides in a county in which such political subdivision or municipal\ncorporation is located.\n 11. In the city of Salamanca the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson regularly admitted to practice as an attorney or counsellor in\nthe courts of record of this state from holding the office of city\nattorney or city justice of the city of Salamanca, if such person\nresides in the county in which such city is located.\n 11-a. In the city of Salamanca the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of city\ncomptroller of the city of Salamanca, if such person resides in the\ncounty in which such city is located.\n 12. The provisions of this section or of any other provision of law\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot apply to the appointment of public officers in the city of Troy,\nexcept the city manager of such city, provided that such appointed\nofficers are residents of the county of Rensselaer.\n 13. In the city of Hudson the provisions of this section requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson from holding the office of city court judge of the city of\nHudson, provided that such person resides in the county in which such\ncity is located.\n 14. In the town of Mount Pleasant, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of Mount Pleasant, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York.\n 15. In the town of North Castle, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer, the office of town building inspector or the office of\nreceiver of taxes of the town of North Castle, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York.\n 16. In the town of New Castle, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nsuperintendent of highways or town engineer of the town of New Castle,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York or such town\nprovides by resolution that such person need not be a resident of such\ntown, but must be a resident of New York state.\n 17. In the town of North Salem, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town building inspector or deputy town building inspector of\nthe town of North Salem, provided that such person resides in the county\nin which such town is located, an adjoining county, or the county of\nDutchess, within the state of New York. Provided, however, the persons\nperforming the functions of town building inspector and deputy town\nbuilding inspector in any other town shall be a resident of such town,\nunless otherwise provided by law.\n 18. In the town of Mount Pleasant, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncomptroller or building inspector of the town of Mount Pleasant,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n 19. Any person who resides in this state and who is currently employed\nas a member of the police force, a paid member of the uniformed force of\na paid fire department or department of corrections in the correctional\nservice classification of the classified civil service, of a city of\nover one million population, shall be exempt from the provisions of\nsubdivisions one, two and nine of this section upon compliance with the\nprocedure set forth in this subdivision. Any person seeking to benefit\nfrom the exemption created by this subdivision shall notify his\nrespective employer in writing of said intention within thirty days from\nthe effective date of this subdivision and shall specify his then\ncurrent residence address. The exemption created by this subdivision\nshall be applicable only to said actual designated residence and not to\nany residence that any subject currently employed member may thereafter\nestablish; provided, however, that any such currently employed member\nwho resides outside this state shall have one year from the effective\ndate of this subdivision within which to establish residence as required\npursuant to subdivisions one, two and nine of this section and comply\nwith the notice requirements of this subdivision. Said residence shall\nconstitute a lawful residence for all purposes notwithstanding any\nprovision to the contrary of any general, special or local law, charter,\ncode, ordinance, resolution, rule or regulation.\n * 20. In the town of Carmel, Putnam county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Carmel or the office of wetlands inspector of the town of Carmel\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 4 sub 20's\n * 20. In the town of Bolivar, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town superintendent of\nhighways of the town of Bolivar, provided that such person resides in\nthe county in which such town is located.\n * NB There are 4 sub 20's\n * 20. In the city of Ithaca, Tompkins county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of member of the board of\nfire commissioners of the city of Ithaca, provided that such person\nresides in the county in which such city is located and within the town\nof Ithaca.\n * NB There are 4 sub 20's\n * 20. In the town of Mamaroneck, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\ntown clerk of the town of Mamaroneck, provided that such person resides\nin the county in which such town is located or an adjoining county\nwithin the state of New York.\n * NB There are 4 sub 20's\n 21. In the town of Lewisboro, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of Lewisboro provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York.\n 22. In the town of Lewisboro, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector or deputy town building inspector of the town of\nLewisboro provided that such person resides within the state of New\nYork.\n 23. In the town of Sweden, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk of the town\nof Sweden, provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * 24. In the town of Greenburgh, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised shall not prevent a person from holding any appointed public\noffice, provided that such person resides in the state of New York.\n * NB There are 3 sub 24's\n * 24. In the town of Ogden, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk of the town\nof Ogden, provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * NB There are 3 sub 24's\n * 24. In the towns of Aurora, Holland and Marilla, Erie county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nshall be chosen or within which his official functions are required to\nbe exercised, shall not prevent a person from holding the office of\ncourt clerk to the justices of the towns of Aurora, Holland and Marilla\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 3 sub 24's\n 25. In the town of Patterson, Putnam county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of wetlands inspector\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n 26. In the town of Ithaca, Tompkins county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Ithaca provided that such person resides in the county in which\nsuch town is located or an adjoining county within the state of New\nYork.\n 27. In the town of Bedford, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of court clerk, deputy\ncourt clerk or any position within the court clerk's office of the town\nof Bedford.\n 28. In respect to public officers employed by Westchester county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding any\nappointed public office, provided that such person resides in the state\nof New York.\n 29. In the town of Somers, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of town engineer of the\ntown of Somers.\n 31. In the town of Victor, Ontario county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of court\nclerk of the town of Victor, provided that such person resides in an\nadjoining town in the county in which such town is located.\n * 32. In the village of Penn Yan, Yates county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of justice court clerk of\nthe village of Penn Yan, provided that such person resides in the county\nin which such village is located or an adjoining county within the state\nof New York.\n * NB There are 2 sub 32's\n * 32. In the town of North East, Dutchess county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nengineer of the town of North East, provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York.\n * NB There are 2 sub 32's\n 33. In the Flint Creek Small Watershed Protection district in the\ncounties of Ontario and Yates, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall not prevent a\nperson from holding a district office, provided that such person owns\nreal property within the district boundaries.\n * 34. In the town of Hamlin, county of Monroe, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of court\nclerk of the town of Hamlin, provided that such person resides in the\ncounty in which such town is located or an adjoining county within the\nstate of New York.\n * NB There are 3 sub 34's\n * 34. In the village of Goshen, Orange county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of treasurer of the village\nof Goshen, provided that such person resides within the state of New\nYork.\n * NB There are 3 sub 34's\n * 34. In the town of Grove, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Grove, provided that such person resides in the\ncounty in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sub 34's\n * 35. Nothing herein contained shall operate to prevent an otherwise\nqualified officer or agent of any society for the prevention of cruelty\nto children in Rockland county from accepting or retaining appointment\nas a peace officer with such society when such officer or agent\nsatisfies the provisions as to residence set forth in subdivision two of\nthis section.\n * NB Repealed August 11, 2027\n 36. In the village of Arkport, Steuben county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of clerk/treasurer of the\nvillage of Arkport, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York.\n 37. In the town of Independence, Allegany county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Independence, provided that such\nperson resides in the county in which such town is located. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby an act of the state legislature.\n 38. In the county of Yates, the provisions of this section requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which such person shall be chosen or within\nwhich such person's official functions are required to be exercised,\nshall not prevent a person from holding the office of assistant district\nattorney of the county of Yates, other than the first assistant district\nattorney, provided that such person resides in Yates county, an\nadjoining county within the state of New York, or within Chemung county.\n 38-a. In the county of Yates, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which such person shall be chosen or within\nwhich such person's official functions are required to be exercised,\nshall not prevent a person regularly admitted to practice as an attorney\nor counselor in the courts of record of this state from holding the\noffice of assistant public defender of the county of Yates, provided\nthat such person resides in the county of Yates, an adjoining county\nwithin the state of New York, or within Chemung county.\n 39. In the town of Birdsall, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nof municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Birdsall, provided that such person resides in\nthe county in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by an act of the state\nlegislature.\n * 40. In the town of West Union, Steuben county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of West Union, provided that such\nperson resides in the county in which such town is located. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 4 sub 40's\n * 40. In the town of Granger, Allegany county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nof municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Granger, provided that such person resides in the\ncounty in which such town is located. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 40's\n * 40. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of town building\ninspector provided that such person resides in the county in which such\ntown is located or an adjoining county within the state of New York.\n * NB There are 4 sub 40's\n * 40. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nsuperintendent of highways of the town of Pound Ridge provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of town superintendent of highways in\nany other town shall be a resident of such town, unless otherwise\nprovided by an act of the state legislature.\n * NB There are 4 sub 40's\n * 41. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Putnam county, provided, however, that such person performing\nthe duties and functions of deputy sheriff resides in Putnam county or\nany adjoining county within New York state unless otherwise provided by\nan act of the state legislature.\n * NB There are 3 sub 41's\n * 41. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of court clerk of the\ntown of Somers provided that such person resides in the county in which\nsuch town is located or an adjoining county within the state of New\nYork.\n * NB There are 3 sub 41's\n * 41. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector of the town of Pound Ridge provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of town building inspector in any other town\nshall be a resident of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 3 sub 41's\n * 42. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncorrection officer in Putnam county, provided, however, that such person\nperforming the duties and functions of correction officer resides in\nPutnam county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sub 42's\n * 42. In the town of Pound Ridge, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within which his official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nbuilding inspector of the town of Pound Ridge provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of deputy building inspector in any other town\nshall be a resident of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 2 sub 42's\n * 43. In the city of Jamestown, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding such office of director of public\nworks in the city of Jamestown, provided that such person resides in the\ncounty in which such city is located.\n * NB There are 2 sub 43's\n * 43. In the town of Ogden, Monroe county, the provisions of this\nsection requiring a person to be a resident of a political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nbuilding inspection and code enforcement officer of the town of Ogden\nprovided that such person resides in the county in which such town is\nlocated. Provided, however, the person performing the functions of\nbuilding inspection and code enforcement officer in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 2 sub 43's\n * 44. In the county of Tioga, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which such person shall be chosen or within\nwhich such person's official functions are required to be exercised,\nshall not prevent a person from holding the office of correction officer\nin Tioga county, provided, however, that such person performing the\nduties and functions of correction officer resides in Tioga county or\nany adjoining county within New York state, unless otherwise provided by\nan act of the state legislature.\n * NB There are 4 sub 44's\n * 44. In the town of Hamlin, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporations of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nbuilding inspector/code enforcement officer of the town of Hamlin\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of town building\ninspector/code enforcement officer in any other town shall be a resident\nof such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 44's\n * 44. In the town of Clarkson, in the county of Monroe, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector in the town of Clarkson provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of building inspector in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 4 sub 44's\n * 44. In the county of Madison, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Madison, provided that such person resides in\nMadison county or an adjoining county within the state of New York.\n * NB There are 4 sub 44's\n * 45. In the town of Hamlin, Monroe county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nfire marshall of the town of Hamlin provided that such person resides in\nthe county in which such town is located or an adjoining county within\nthe state of New York. Provided, however, the person performing the\nfunctions of town fire marshall in any other town shall be a resident of\nsuch town, unless otherwise provided by an act of the state legislature.\n * NB There are 2 sub 45's\n * 45. In the town of Clarkson, in the county of Monroe, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code enforcement officer in the town of Clarkson provided that\nsuch person resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of code enforcement officer in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 2 sub 45's\n * 46. In the town of Andover, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Andover, provided that such person\nresides in the county in which such town is located. Provided, however,\nthe person performing the functions of town justice in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 3 sub 46's\n * 46. In the town of Somers, Westchester county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he shall be\nchosen or within his official functions are required to be exercised,\nshall not prevent a person from holding the office of town building\ninspector provided that such person resides in the county in which such\ntown is located, Dutchess county, or an adjoining county to Westchester\ncounty, within the state of New York.\n * NB There are 3 sub 46's\n * 46. In the city of Mechanicville the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of acting\njudge of the city court of Mechanicville, provided that such person\nresides in the county of Saratoga.\n * NB There are 3 sub 46's\n 47. In the town of Somers, Westchester county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he shall be chosen or\nwithin his official functions are required to be exercised, shall not\nprevent a person from holding the office of court clerk of the town of\nSomers provided that such person resides in the county in which such\ntown is located, Dutchess county, or an adjoining county to Westchester\ncounty, within the state of New York.\n * 48. In the town of Colesville, in the county of Broome, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Colesville, provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of court clerk in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 3 sub 48's\n * 48. In the county of Fulton, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Fulton county, provided, however, that such person performing\nthe duties and functions of deputy sheriff resides in Fulton county or\nany adjoining county within New York state unless otherwise provided by\nan act of the state legislature.\n * NB There are 3 sub 48's\n * 48. In the county of Montgomery, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Montgomery county, provided, however, that such person\nperforming the duties and functions of deputy sheriff resides in\nMontgomery county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n * NB There are 3 sub 48's\n * 49. In the county of Madison, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff of the county of Madison, provided that such person resides in\nMadison county or an adjoining county within New York state, unless\notherwise provided by an act of the state legislature.\n * NB There are 7 sub 49's\n * 49. In the county of Tompkins, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in Tompkins county, provided, however, that such person\nperforming the duties and functions of deputy sheriff resides in\nTompkins county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n *NB There are 7 sub 49's\n * 49. In the village of Trumansburg, in the county of Tompkins, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer and deputy clerk of the village of\nTrumansburg, provided that such person resides in the county in which\nsuch village is located or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of village\nclerk-treasurer and deputy clerk in any other village shall be a\nresident of such village, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 7 sub 49's\n * 49. In the town of Copake, in the county of Columbia, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk or deputy court clerk of the town of Copake,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the persons performing the functions of court clerk and deputy\ncourt clerk in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 7 sub 49's\n * 49. In the town of Barker, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Barker, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 7 sub 49's\n * 49. In the town of Maine, in the county of Broome, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector/code enforcement of the town of Maine,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county within the state of New York.\n * NB There are 7 sub 49's\n * 49. In the town of Nanticoke, in the county of Broome, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Nanticoke, provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of court clerk in any other town shall\nbe a resident of such town, unless otherwise provided by law.\n * NB There are 7 sub 49's\n * 50. In the city of Peekskill, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person regularly admitted to practice as\nan attorney or counselor in the courts of record of this state from\nholding the office of city court judge for the city of Peekskill, if\nsuch person resides in Westchester county unless otherwise provided by\nan act of the state legislature.\n * NB There are 5 sub 50's\n * 50. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Kirkwood, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 5 sub 50's\n * 50. In the town of Big Flats, in the county of Chemung, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assessor, town attorney or director of building\ninspection/code enforcement office in the town of Big Flats, provided\nthat such person resides in the county in which such town is located or\nan adjoining county within the state of New York. Provided, however, any\nperson performing such functions or holding such offices in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 5 sub 50's\n * 50. In the county of Nassau, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff in the county of Nassau, provided that such person performing\nthe duties and functions of deputy sheriff resides in Nassau county or\nany adjoining county within New York state, unless otherwise provided by\nan act of the state legislature.\n * NB There are 5 sub 50's\n * 50. In the county of Schuyler, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Schuyler, other than the chief assistant\ndistrict attorney, provided that such person resides in Schuyler county\nor an adjoining county within the state of New York.\n * NB There are 5 sub 50's\n * 51. In the village of Honeoye Falls, in the county of Monroe, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code enforcement officer and building inspector of the village\nof Honeoye Falls, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York. Provided, however, the person performing the functions of code\nenforcement officer and building inspector in any other village shall be\na resident of such village, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 3 sub 51's\n * 51. In the town of Maine, in the county of Broome, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the town of Maine, provided that such person\nresides in the county in which such town is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 3 sub 51's\n * 51. In the village of Deposit, in the counties of Broome and\nDelaware, the provisions of this section requiring a person to be a\nresident of the political subdivision or municipal corporation of the\nstate for which he or she shall be chosen or within which his or her\nofficial functions are required to be exercised, shall not prevent a\nperson from holding the office of village clerk-treasurer, deputy\nclerk-treasurer or court clerk of the village of Deposit, provided that\nsuch person resides in the county in which such village is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of village clerk-treasurer, deputy\nclerk-treasurer or court clerk in any other village shall be a resident\nof such village, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sub 51's\n 52. In the county of Schuyler, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he shall be chosen or\nwithin which his official functions are required to be exercised, shall\nnot prevent a person from holding the office of deputy sheriff of the\ncounty of Schuyler, provided that such person resides in Schuyler county\nor an adjoining county within the state of New York, unless otherwise\nprovided by law.\n * 53. In the town of Wellsville, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Wellsville, provided that such\nperson resides in a town which adjoins such town and which is in the\ncounty of Allegany. Provided, however, the person performing the\nfunctions of town justice in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 2 sb 53's\n * 53. In the county of Montgomery, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Montgomery, provided that\nsuch person resides in Montgomery county or an adjoining county within\nthe state of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 2 sb 53's\n * 54. In the village of Wellsville, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Wellsville, provided that\nsuch person resides in the town of Wellsville. Provided, however, the\nperson performing the functions of village justice in any other village\nshall be a resident of such village unless otherwise provided by law.\n * NB There are 2 sb 54's\n * 54. In the town of Lewisboro, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town wetlands inspector. Provided, however, the person\nperforming the functions of town wetlands inspector in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 2 sb 54's\n * 55. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Putnam, provided that such\nperson resides in Putnam county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of assistant district attorney in any other county\nshall be a resident of such county unless otherwise provided by law. The\nprovisions of this subdivision shall not apply to any person holding the\noffice of first assistant district attorney or chief assistant district\nattorney, the holder of which would assume the duties of the district\nattorney upon the district attorney's absence from the county or upon\nthe district attorney's inability to perform his or her duties.\n * NB There are 5 sb 55's\n * 55. In the county of Fulton, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Fulton, provided that such\nperson resides in Fulton county or an adjoining county within the state\nof New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 5 sb 55's\n * 55. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of the\ndeputy county attorney of the county of Putnam, provided that such\nperson resides in Putnam county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of the deputy county attorney in any other county\nshall be a resident of such county unless otherwise provided by law.\n * NB There are 5 sb 55's\n * 55. In the town of Gerry, in the county of Chautauqua, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk of the justice court of the town of Gerry,\nprovided that such person resides in the county in which such town is\nlocated or an adjoining county, within the state of New York. Provided,\nhowever, the person performing the functions of court clerk in the\njustice court in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 5 sb 55's\n * 55. In the town of Poughkeepsie, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of town comptroller of the town of Poughkeepsie; provided that\nsaid person resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, that\nthe persons performing such functions in any other town shall be\nelectors of such town unless otherwise provided by law.\n * NB There are 5 sb 55's\n * 56. In the town of Willing, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Willing, provided that such person\nresides in a town which adjoins such town and which is in the county of\nAllegany. Provided, however, the person performing the functions of town\njustice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 2 sub 56's\n * 56. In the town of Windsor, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within his or her official functions are required to\nbe exercised, shall not prevent a person from holding the office of town\nbuilding inspector and code enforcement officer provided that such\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of town building inspector in any other\ntown shall be an elector of such town, unless otherwise provided by an\nact of the state legislature.\n * NB There are 2 sub 56's\n 57. In the village of Sag Harbor, in the county of Suffolk, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Sag Harbor, provided that\nsuch person resides in the town of East Hampton or the town of\nSouthampton. Provided, however, the person performing the functions of\nvillage justice in any other village shall be a resident of such village\nunless otherwise provided by law.\n * 58. In the village of Haverstraw, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assessor of the village provided that such person resides in\nthe county in which such village is located or an adjoining county\nwithin the state of New York. Provided, however, the person performing\nthe functions of village assessor in any other village shall be an\nelector of such village, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 58. In the village of Aurora, in the county of Cayuga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of clerk of the village provided that such person resides in the\ncounty in which such village is located or an adjoining county within\nthe state of New York. Provided, however, the person performing the\nfunctions of village clerk in any other village shall be an elector of\nsuch village, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 4 sub 58's\n * 58. In the town of Benson, in the county of Hamilton, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Benson, provided that such person\nresides in a town which adjoins such town. Provided, however, the person\nperforming the functions of town justice in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 58. In the town of Genesee, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Genesee, provided that such person\nresides in a town which is in the county of Allegany. Provided, however,\nthe person performing the functions of town justice in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 4 sub 58's\n * 59. In the incorporated village of West Hampton Dunes, in the county\nof Suffolk, the provisions of this section requiring a person to be a\nresident of the political subdivision or municipal corporation of the\nstate for which he or she shall be chosen or within which his or her\nofficial functions are required to be exercised, shall not prevent a\nperson from holding the office of constable of the incorporated village\nof West Hampton Dunes provided such person resides in the county of\nSuffolk, state of New York. Provided that the person performing the\nfunctions of constable in any other village shall be a resident of such\nvillage unless otherwise provided by law.\n * NB There are 3 sb 59's\n * 59. In the town of Fishkill, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of comptroller of the town of Fishkill, provided that such person\nresides in the state of New York. Provided, however, the person\nperforming the functions of comptroller in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 3 sb 59's\n * 59. In the town of Cambria, in the county of Niagara, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector of the town of Cambria; provided that said\nperson resides in the county in which such town is located or an\nadjoining county within the state of New York.\n * NB There are 3 sb 59's\n * 60. In the village of Macedon, county of Wayne, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of clerk/treasurer of the village of Macedon, provided that such\nperson resides in the county of Wayne or an adjoining county within the\nstate of New York. Provided, however, the persons performing the\nfunctions of clerk/treasurer in any other village shall be a resident of\nsuch village, unless otherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town code enforcement officer/building inspector of the town\nof Kirkwood, provided that such person resides in the county of Broome\nor an adjoining county within the state of New York. Provided, however,\nthe persons performing the functions of town code enforcement\nofficer/building inspector in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the village of Penn Yan, county of Yates, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer of the village of Penn Yan, provided\nthat such person resides in the county in which such village is located\nor in an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of village clerk-treasurer\nin any other village shall be a resident of such village, unless\notherwise provided by an act of the state legislature.\n * NB There are 7 sb 60's\n * 60. In the town of Piercefield, in the county of St. Lawrence, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Piercefield, provided that such\nperson resides in St. Lawrence or an adjoining county within the state\nof New York. Provided, however, the person performing the functions of\ntown justice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 7 sb 60's\n * 60. In the town of Lyndon, in the county of Cattaraugus, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Lyndon, provided that such persons\nresides in a town which is in the county of Cattaraugus. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be a resident of such town, unless otherwise provided\nby law.\n * NB There are 7 sb 60's\n * 60. In the county of Herkimer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of public\nhealth director of the county of Herkimer, provided that such person\nresides in a county adjoining Herkimer county within the state of New\nYork.\n * NB There are 7 sb 60's\n * 60. In the city of Utica in the county of Oneida, neither the\nprovisions of this section, nor of any general, special or local law,\ncharter, code, ordinance, resolution, rule or regulation, requiring a\nperson to be a resident of the political subdivision or municipal\ncorporation of the state for which he shall be chosen or within which\nhis official functions are required to be exercised, shall apply to the\nappointment of a paid member of the uniformed force of a paid fire\ndepartment, who, for purposes of this section shall include persons\nemployed as fire alarm dispatchers, if such person resides: (a) in\nOneida county; or (b) in a county within the state contiguous to Oneida\ncounty.\n * NB There are 7 sb 60's\n * 61. In the village of Macedon, county of Wayne, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of deputy clerk/treasurer of the village of Macedon, provided\nthat such person resides in the county of Wayne or an adjoining county\nwithin the state of New York. Provided, however, the persons performing\nthe functions of deputy clerk/treasurer in any other village shall be a\nresident of such village, unless otherwise provided by law.\n * NB There are 2 sb 61's\n * 61. In the town of Kirkwood, in the county of Broome, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of code officer of the town of Kirkwood, provided that such\nperson resides in the county of Broome or an adjoining county within the\nstate of New York. Provided, however, the persons preforming the\nfunctions of code officer in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 2 sb 61's\n * 62. In the town of Wheatfield, in the county of Niagara, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen, or within which his or her official function is\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector of the town of Wheatfield; provided that\nsaid person resides in the county in which such town is located or an\nadjoining county within the state of New York.\n * NB There are 5 sb 62's\n * 62. In the village of Victory, county of Saratoga, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer of the village of Victory, provided\nthat such person resides in the county of Saratoga or an adjoining\ncounty within the state of New York. Provided, however, the persons\nperforming the functions of village clerk-treasurer in any other village\nshall be a resident of such village, unless otherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the town of Conklin, in the county of Broome, the provisions\nof this section requiring a person to be a resident of a political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector and code enforcement officer of the town of\nConklin, provided that such person resides in the county in which such\ntown is located. Provided, however, the person performing the functions\nof building inspector and code enforcement officer in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the town of Wallkill, in the county of Orange, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of comptroller of the town of Wallkill, provided that such person\nresides in the county of Orange or an adjoining county within the state\nof New York. Provided, however, the persons performing the functions of\ncomptroller in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 5 sb 62's\n * 62. In the county of Essex, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he or she shall be chosen or within\nwhich his or her official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Essex, provided that such person resides in\nEssex county or an adjoining county within the state of New York;\nprovided, however, that any person performing such functions or holding\nthe office of assistant district attorney in any other county shall be a\nresident of such county unless otherwise provided by law. The provisions\nof this subdivision shall not apply to any person holding the office of\nfirst assistant district attorney or chief assistant district attorney,\nthe holder of which would assume the duties of the district attorney\nupon the district attorney's absence from the county or upon the\ndistrict attorney's inability to perform his or her duties.\n * NB There are 5 sb 62's\n 63. In the village of Victory, county of Saratoga, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of deputy clerk-treasurer of the village of Victory, provided\nthat such person resides in the county of Saratoga or an adjoining\ncounty within the state of New York. Provided, however, the persons\nperforming the functions of deputy clerk-treasurer in any other village\nshall be a resident of such village, unless otherwise provided by law.\n * 64. In the county of Wyoming, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Wyoming, provided that such\nperson resides in Wyoming county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of assistant district attorney in any other county\nshall be a resident of such county unless otherwise provided by law. The\nprovisions of this subdivision shall not apply to any person holding the\noffice of first assistant district attorney or chief assistant district\nattorney, the holder of which would assume the duties of the district\nattorney upon the district attorney's absence from the county or upon\nthe district attorney's inability to perform his or her duties.\n * NB There are 2 sb 64's\n * 64. In the town of Lewis, Lewis county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Lewis; provided that such person resides in a\ntown which adjoins such town and which is in the county of Lewis.\nProvided, however, the person performing the function of town justice in\nany other town shall be a resident of such town, unless otherwise\nprovided by law.\n * NB There are 2 sb 64's\n * 65. In the village of Aurora, in the county of Cayuga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding the\noffice of code enforcement officer, provided that such person resides in\nthe county of Cayuga or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of code\nenforcement officer in any other village shall be a resident of such\nvillage, unless otherwise provided by law.\n * NB There are 3 sb 65's\n * 65. In the town of Allen, in the county of Allegany, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Allen; provided that such person\nresides in a town which adjoins such town and which is in the county of\nAllegany. Provided, however, the person performing the function of town\njustice in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 3 sb 65's\n * 65. In the town of LaGrange, in the county of Dutchess, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding the\noffice of building inspector, comptroller and administrator of public\nworks provided that such persons reside in the county of Dutchess.\nProvided, however, the persons performing the functions of the building\ninspector, comptroller and administrator of public works in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 3 sb 65's\n * 66. In the town of Wallkill, in the county of Orange, the provisions\nof this section requiring a person to be a resident of a political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector and code enforcement officer of the town of\nWallkill, provided that such person resides in the county in which such\ntown is located. Provided, however, the persons performing the functions\nof building inspector and code enforcement officer in any other town\nshall be residents of such town, unless otherwise provided by law.\n * NB There are 7 sb 66's\n * 66. In the town of Boylston, Oswego county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen, or within which his or her official function is required to be\nexercised, shall not prevent a person from holding the office of town\njustice of the town of Boylston; provided that said person resides in a\ntown which adjoins such town and which is in the county of Oswego.\nProvided, however, the person performing the functions of town justice\nin any other town shall be a resident of such town, unless otherwise\nprovided by law.\n * NB There are 7 sb 66's\n * 66. In the county of Sullivan, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Sullivan, provided that\nsuch person resides in Sullivan county or an adjoining county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 7 sb 66's\n * 66. In the town of Somers, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assistant court clerk of the town of Somers, provided that\nsuch person resides in the county in which such town is located or\nPutnam county. Provided, however, the person performing the functions of\nassistant court clerk in any other town shall be a resident of such\ntown, unless otherwise provided by an act of the state legislature.\n * NB There are 7 sb 66's\n * 66. In the county of Chenango, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncorrection officer in Chenango county, provided, however, that such\nperson performing the duties and functions of correction officer resides\nin Chenango county or any adjoining county within New York state unless\notherwise provided by an act of the state legislature.\n * NB There are 7 sb 66's\n * 66. In the village of Fair Haven, Cayuga county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk-treasurer or deputy clerk of the village of Fair\nHaven, provided that such person resides in the county in which such\nvillage is located or an adjoining county within the state of New York.\nProvided, however, the person performing the functions of village\nclerk-treasurer or deputy clerk in any other village shall be a resident\nof such village, unless otherwise provided by law.\n * NB There are 7 sb 66's\n * 66. In the village of Mannsville, in the county of Jefferson, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk of the village of Mannsville, provided that such\nperson resides in the county in which such village is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of village clerk in any other village\nshall be a resident of such village, unless otherwise provided by an act\nof the state legislature.\n * NB There are 7 sb 66's\n * 67. In the town of Wilson, Niagara county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen, or within which his or her official function is required to be\nexercised, shall not prevent a person from holding the office of\nbuilding inspector of the town of Wilson, Niagara county; provided that\nsaid person resides in the county in which such town is located or an\nadjoining county within the state of New York. Provided, however, the\nperson performing the functions of building inspector in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 8 sb 67's\n * 67. In the town of Sodus, Wayne County, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen, or within which his or her official function is required to be\nexercised, shall not prevent a person from holding the office of court\nclerk of the town of Sodus; provided that said person resides in the\ncounty in which such town is located. Provided, however, the person\nperforming the functions of court clerk in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 8 sb 67's\n * 67. In the town of Putnam Valley, Putnam County, the provisions of\nthis section requiring a person to be a resident of a political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector/code enforcement officer and\nassistant/deputy building inspector/code enforcement officer of the town\nof Putnam Valley, provided that such person resides in Putnam County or\nany adjoining county within the state of New York. Provided, however,\nthe persons performing the functions of building inspector/code\nenforcement officer and assistant/deputy building inspector/code\nenforcement officer in any other town shall be a resident of such town,\nunless otherwise provided by an act of the state legislature.\n * NB There are 8 sb 67's\n * 67. In the county of Oswego, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Oswego, other than the\nfirst assistant district attorney, provided that such person resides in\nOswego county or in an adjoining county within the state of New York;\nprovided, however, that any person performing such functions or holding\nthe office of assistant district attorney in any other county shall be a\nresident of such county unless otherwise provided by law. The provisions\nof this subdivision shall not apply to any person holding the office of\nfirst assistant district attorney or chief assistant district attorney,\nthe holder of which would assume the duties of the district attorney\nupon the district attorney's absence from the county or upon the\ndistrict attorney's inability to perform his or her duties.\n * NB There are 8 sb 67's\n * 67. In the village of Spring Valley, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Spring Valley, provided that\nsuch person resides in the town of Ramapo or the town of Clarkstown.\nProvided, however, the person performing the functions of village\njustice in any other village shall be a resident of such village unless\notherwise provided by an act of the state legislature.\n * NB There are 8 sb 67's\n * 67. In the village of Mount Morris, Livingston county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village court clerk or deputy clerk/treasurer of the village\nof Mount Morris, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York. Provided, however, the person performing the functions of\nvillage court clerk or deputy clerk/treasurer in any other village shall\nbe a resident of such village, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 8 sb 67's\n * 67. In the county of Chenango, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of deputy\nsheriff of the county of Chenango, provided that such person resides in\nChenango county or an adjoining county within the state of New York;\nunless otherwise provided by law.\n * NB There are 8 sb 67's\n * 67. In the village of St. Johnsville, in the county of Montgomery,\nthe provisions of this section requiring a person to be a resident of\nthe political subdivision or municipal corporation of the state for\nwhich he or she shall be chosen or within which his or her official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of village clerk/treasurer and code enforcement\nofficer of the village of St. Johnsville, provided that such person\nresides in the county in which such village is located or an adjoining\ncounty within the state of New York. Provided, however, the person\nperforming the functions of village clerk/treasurer and code enforcement\nofficer in any other village shall be a resident of such village, unless\notherwise provided by an act of the state legislature.\n * NB There are 8 sb 67's\n * 68. In the county of Chenango, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Chenango, provided that\nsuch person resides in Chenango county or an adjoining county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 9 sb 68's\n * 68. In the county of Nassau, the provisions of this section, or of\nany general, special or local law, charter, code, ordinance, resolution,\nrule or regulation, requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of correction officer in Nassau county, provided, however, that\nsuch person performing the duties and functions of correction officer\nresides in Nassau county or any adjoining county within New York state\nunless otherwise provided by an act of the state legislature.\n * NB There are 9 sb 68's\n * 68. In the county of Washington, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Washington, provided that\nsuch person resides in Washington county or an adjoining county within\nthe state of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 9 sb 68's\n * 68. In the county of Lewis, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which he or she shall be chosen or within\nwhich his or her official functions are required to be exercised, shall\nnot prevent a person from holding the office of assistant district\nattorney of the county of Lewis, other than the first assistant district\nattorney, provided that such person resides in Lewis county or in an\nadjoining county within the state of New York; provided, however, that\nany person performing such functions or holding the office of assistant\ndistrict attorney in any other county shall be a resident of such county\nunless otherwise provided by law. The provisions of this subdivision\nshall not apply to any person holding the office of first assistant\ndistrict attorney or chief assistant district attorney, the holder of\nwhich would assume the duties of the district attorney upon the district\nattorney's absence from the county or upon the district attorney's\ninability to perform his or her duties.\n * NB There are 9 sb 68's\n * 68. In the county of Cayuga, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney or senior assistant district attorney of the\ncounty of Cayuga, provided that such person resides in Cayuga county or\nan adjoining county within the state of New York; provided, however,\nthat any person performing such functions or holding the office of\nassistant district attorney in any other county shall be a resident of\nsuch county unless otherwise provided by law. The provisions of this\nsubdivision shall not apply to any person holding the office of chief\nassistant district attorney, the holder of which would assume the duties\nof the district attorney upon the district attorney's absence from the\ncounty or upon the district attorney's inability to perform his or her\nduties.\n * NB There are 9 sb 68's\n * 68. In the town of Somers, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised shall not prevent a person from holding the\nposition of court attendant for the town of Somers, provided that such\nperson resides in the county in which such town is located. Provided,\nhowever, the person performing the functions of court attendant in any\nother town shall be a resident of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 9 sb 68's\n * 68. In the village of Airmont, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector, fire inspector and code enforcement\nofficers of the village of Airmont, provided that such person resides\nwithin Rockland county or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of building\ninspector, fire inspector and code enforcement officers in any other\nvillage shall be a resident of such village unless otherwise provided by\nan act of the state legislature.\n * NB There are 9 sb 68's\n * 68. In the town of Pavilion, Genesee county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which he or she shall be\nchosen, or within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of town\nsuperintendent of highways or town engineer of the town of Pavilion,\nprovided that such person resides in an adjoining town or village within\nan adjoining town within the state of New York. Provided, however, the\nperson performing the functions of town superintendent of highways or\ntown engineer in any other town shall be a resident of such town, unless\notherwise provided by law.\n * NB There are 9 sb 68's\n * 68. In the county of Oswego, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of special\npatrol officer for the county of Oswego, provided that such person\nresides in Oswego county or an adjoining county within the state of New\nYork; provided, however, that any person performing such functions or\nholding the office of special patrol officer in any other county shall\nbe a resident of such county unless otherwise provided by an act of the\nstate legislature.\n * NB There are 9 sb 68's\n 69. In the county of Chenango, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant public defender of the county of Chenango, provided that such\nperson resides in Chenango county or an adjoining county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of assistant public defender in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant public defender, the\nholder of which would assume the duties of the public defender upon the\npublic defender's absence from the county or upon the public defender's\ninability to perform his or her duties.\n * 70. In the village of Riverside, in the county of Steuben, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk/treasurer and code enforcement officer of the\nvillage of Riverside, provided that such person resides in the county in\nwhich such village is located or an adjoining county within the state of\nNew York. Provided, however, the person performing the functions of\nvillage clerk/treasurer and code enforcement officer in any other\nvillage shall be a resident of such village, unless otherwise provided\nby an act of the state legislature.\n * NB There are 6 sb 70's\n * 70. In the county of Orleans, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Orleans, provided that such\nperson resides in Orleans county or an adjoining county within the state\nof New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 6 sb 70's\n * 70. In the city of Amsterdam, in the county of Montgomery, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of corporation counsel in the city of Amsterdam, provided that\nsuch person resides in Montgomery county or an adjoining county within\nthe state of New York; provided, however that any person performing such\nfunctions or holding such office in any other city shall be a resident\nof such city unless otherwise provided by law.\n * NB There are 6 sb 70's\n * 70. In the village of South Glens Falls, in the county of Saratoga,\nthe provisions of this section requiring a person to be a resident of\nthe political subdivision or municipal corporation of the state for\nwhich he or she shall be chosen or within which his or her official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of clerk-treasurer, deputy clerk, deputy treasurer,\ncode enforcement officer or building inspector, provided that such\nperson resides in Saratoga county or an adjoining county; provided,\nhowever that any person performing such functions or holding such office\nin any other village shall be a resident of such village unless\notherwise provided by law.\n * NB There are 6 sb 70's\n * 70. In the city of Saratoga Springs, in the county of Saratoga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of deputy mayor, deputy commissioner of finance, deputy\ncommissioner of public works, deputy commissioner of public safety or\ndeputy commissioner of accounts, provided that such person resides in\nSaratoga county; provided, however that any person performing such\nfunctions or holding such office in any other city shall be a resident\nof such city unless otherwise provided by law.\n * NB There are 6 sb 70's\n * 70. In the town of Angelica, in the county of Allegany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Angelica; provided that such\nperson resides in a town which adjoins such town and which is in the\ncounty of Allegany. Provided, however, the person performing the\nfunction of town justice in any other town shall be a resident of such\ntown, unless otherwise provided by law.\n * NB There are 6 par 70's\n * 71. In the city of Mechanicville, in the county of Saratoga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of city attorney of the city of Mechanicville, provided that such\nperson resides in Saratoga county or an adjoining county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of the city attorney in any other city\nshall be a resident of such county unless otherwise provided by law.\n * NB There are 4 sb 71's\n * 71. In the village of Buchanan, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of building inspector, fire inspector and code enforcement\nofficers of the village of Buchanan, provided that such person resides\nwithin Westchester county or an adjoining county within the state of New\nYork. Provided, however that the person performing the functions of\nbuilding inspector, fire inspector and code enforcement officers in any\nother village shall be a resident of such village unless otherwise\nprovided by an act of the state legislature.\n * NB There are 4 sb 71's\n * 71. In the village of Northville, in the county of Fulton, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of treasurer, village clerk and code enforcement officer of the\nvillage of Northville, provided that such person resides in Fulton\ncounty, or in an adjoining county within the state of New York;\nprovided, however that any person performing such functions of\ntreasurer, village clerk, and code enforcement officer in any other\nvillage shall be a resident of such village unless otherwise provided by\nlaw.\n * NB There are 4 sb 71's\n * 71. In the village of Upper Nyack, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assessor of the village provided that such person resides in\nthe county in which such village is located or an adjoining county\nwithin the state of New York. Provided, however, the person performing\nthe functions of village assessor in any other village shall be an\nelector of such village, unless otherwise provided by law.\n * NB There are 4 sb 71's\n * 72. In the county of Rockland, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Rockland, provided that\nsuch person resides in Rockland county or an adjoining county within the\nstate of New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of chief assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 10 sb 72's\n * 72. In the county of Orange, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Orange, provided that such\nperson resides in Orange county or an adjoining county within the state\nof New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of chief assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 10 sb 72's\n * 72. In the city of Saratoga Springs, in the county of Saratoga, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nsuch person shall be chosen or within which the person's official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of city attorney of the city of Saratoga Springs,\nprovided that such person resides in Saratoga county or an adjoining\ncounty within the state of New York; provided, however that any person\nperforming such functions or holding such office of the city attorney in\nany other city shall be a resident of such city unless otherwise\nprovided by law.\n * NB There are 10 sb 72's\n * 72. In the village of Scarsdale, Westchester county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of court clerk, building inspector, assistant building inspector,\nvillage clerk, assistant village clerk, village treasurer, assistant\nvillage treasurer, assessor, village engineer, or village planner,\nprovided that such person resides within Westchester county or an\nadjoining county within the state of New York, except that the village\ntreasurer may also reside within Dutchess county. Provided, however that\npersons performing the functions of such appointed positions in any\nother municipality shall be a resident of such municipality unless\notherwise provided by an act of the state legislature.\n * NB There are 10 sb 72's\n * 72. In the city of Johnstown, in the county of Fulton, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of city attorney of the city of Johnstown, provided that such\nperson resides in Fulton county or an adjoining county within the state\nof New York; provided, however that any person performing such functions\nor holding the office of the city attorney in any other city shall be a\nresident of such county unless otherwise provided by law.\n * NB There are 10 sb 72's\n * 72. In the county of Oneida, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney, provided that such person resides in Oneida\ncounty or in an adjoining county within the state of New York; provided,\nhowever, that any person performing such functions or holding the office\nof assistant district attorney in any other county shall be a resident\nof such county unless otherwise provided by law. The provisions of this\nsubdivision shall not apply to any person holding the office of first\nassistant district attorney or chief assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 10 sb 72's\n * 72. In the village of Voorheesville, in the county of Albany, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of clerk, treasurer, clerk-treasurer, deputy clerk, deputy clerk\ntreasurer, and building inspector of the village of Voorheesville\nprovided that such person resides in the county in which such village is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of an appointed village\nofficer in any other village shall be an elector of such village, unless\notherwise provided by law.\n * NB There are 10 sb 72's\n * 72. In the village of Chestnut Ridge, in the county of Rockland, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Chestnut Ridge, provided\nthat such person resides in the county of Rockland. Provided, however,\nthe person performing the functions of village justice in any other\nvillage shall be a resident of such village unless otherwise provided by\nlaw.\n * NB There are 10 sb 72's\n * 72. In the town of Van Etten, in the county of Chemung, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of town justice of the town of Van Etten; provided that such\nperson resides in a town which is in the county of Chemung. Provided,\nhowever, the person performing the function of town justice in any other\ntown shall be a resident of such town, unless otherwise provided by law.\n * NB There are 10 sb 72's\n * 72. In the county of Herkimer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\ninformation services director for the county of Herkimer, provided that\nsuch person resides in a county adjoining Herkimer county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of the information services director in\nany other county shall be a resident of such county unless otherwise\nprovided by law.\n * NB There are 10 sb 72's\n * 73. In the county of Seneca, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of clerk\nto the board of supervisors of Seneca county, provided that such person\nresides in a county adjoining Seneca county within the state of New\nYork; provided, however that any person performing such functions or\nholding the office of clerk to the board of supervisors in any other\ncounty shall be a resident of such county unless otherwise provided by\nlaw.\n * NB There are 10 sb 73's\n * 73. In the village of Maybrook, in the county of Orange, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice of the village of Maybrook, provided that such\nperson resides in the town of Montgomery or the town of Hamptonburgh.\nProvided, however, the person performing the functions of village\njustice in any other village shall be a resident of such village unless\notherwise provided by an act of the state legislature.\n * NB There are 10 sb 73's\n * 73. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\ncommissioner of planning, development, and public transportation of the\ncounty of Putnam, provided that such person resides in Putnam county or\nan adjoining county within the state of New York; provided, however that\nany person performing such functions or holding the office of\ncommissioner of planning, development, and public transportation in any\nother county shall be a resident of such county unless otherwise\nprovided by law.\n * NB There are 10 sb 73's\n * 73. In the county of Rensselaer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Rensselaer, provided that\nsuch person resides in Rensselaer county or an adjoining county within\nthe state of New York; provided, however, that any person performing\nsuch functions or holding the office of assistant district attorney in\nany other county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of chief assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 10 sb 73's\n * 73. In the county of Greene, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Greene, provided that such\nperson resides in Greene county or an adjoining county within the state\nof New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform his or her duties.\n * NB There are 10 sb 73's\n * 73. In the county of Herkimer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nHerkimer county commissioner of social services, provided that such\nperson resides in a county adjoining Herkimer county within the state of\nNew York; provided, however that any person performing such functions or\nholding the office of county commissioner of social services in any\nother county shall be a resident of such county unless otherwise\nprovided by law.\n * NB There are 10 sb 73's\n * 73. In the city of Amsterdam, in the county of Montgomery, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of city controller or city engineer in the city of Amsterdam,\nprovided that such person resides in Montgomery county or an adjoining\ncounty within the state of New York; provided, however that any person\nperforming such functions or holding such office in any other city shall\nbe a resident of such city unless otherwise provided by law.\n * NB There are 10 sb 73's\n * 73. In the village of Laurel Hollow, in the county of Nassau, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice and/or associate justice of the village of\nLaurel Hollow, provided that such person resides in the county of Nassau\nor the town of Huntington, county of Suffolk. Provided, however, the\nperson performing the functions of village justice in any other village\nshall be a resident of such village unless otherwise provided by law.\n * NB There are 10 sb 73's\n * 73. In the village of Cold Spring, in Putnam county, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk/treasurer and the deputy clerk of the village of\nCold Spring, provided that such person resides in the county in which\nsuch village is located or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of village\nclerk/treasurer and the deputy clerk in any other village shall be a\nresident of such village, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 10 sb 73's\n * 73. In the village of Otisville, Orange county, the provisions of\nthis section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which he or she\nshall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village clerk/treasurer and deputy village clerk/treasurer of\nthe village of Otisville, provided that such person resides in the\ncounty in which such village is located or an adjoining county within\nthe state of New York. Provided, however, the person performing the\nfunctions of village clerk/treasurer and deputy village clerk/treasurer\nin any other village shall be a resident of such village, unless\notherwise provided by an act of the state legislature.\n * NB There are 10 sb 73's\n * 74. In the village of Cayuga Heights, in the county of Tompkins, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which he\nor she shall be chosen or within which his or her official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of village justice and/or associate justice of the village of\nCayuga Heights, provided that such person resides in the county of\nTompkins. Provided, however, the person performing the functions of\nvillage justice in any other village shall be a resident of such village\nunless otherwise provided by law.\n * NB There are 4 sb 74's\n * 74. In the county of Columbia, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Columbia, provided that\nsuch person resides in Columbia county or an adjoining county within the\nstate of New York; provided, however that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 4 sb 74's\n * 74. In the county of Saratoga, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Saratoga, provided that\nsuch person resides in Saratoga County or an adjoining county within the\nstate of New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform his\nor her duties.\n * NB There are 4 sb 74's\n * 74. In the county of Seneca, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person regularly admitted to practice as\nan attorney or counselor in the courts of record of this state from\nholding the office of Seneca county attorney, provided that such person\nresides in the county of Seneca, or an adjoining county within the state\nof New York. Provided, however, the person performing the functions of\ncounty attorney in any other county shall be a resident of such county,\nunless otherwise provided by an act of the state legislature.\n * NB There are 4 sb 74's\n * 75. In the county of Schenectady, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney of the county of Schenectady, provided, that\nsuch person resides in Schenectady county or an adjoining county within\nthe state of New York; provided, however, that any person performing\nsuch functions or holding the office of assistant district attorney in\nany other county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of chief assistant district attorney, the\nholder of which would assume the duties of the district attorney upon\nthe district attorney's absence from the county or upon the district\nattorney's inability to perform such district attorney's duties.\n * NB There are 7 sb 75's\n * 75. In the town of Chester, in the county of Orange, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such persons official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of comptroller or building inspector of the town of Chester\nprovided that such person resides in Orange county; provided, however\nthat any person performing such functions or holding the office of\ncomptroller or building inspector in any other town shall be a resident\nof such county unless otherwise provided by law.\n * NB There are 7 sb 75's\n * 75. In the county of Herkimer, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant county attorney of the county of Herkimer, provided that such\nperson resides in Herkimer county or an adjoining county within the\nstate of New York; provided, however, that any person performing such\nfunctions or holding the office of assistant county attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of Herkimer county attorney.\n * NB There are 7 sb 75's\n * 75. In the county of Essex, the provisions of this section requiring\na person to be a resident of the political subdivision or municipal\ncorporation of the state for which such person shall be chosen or within\nwhich such person's official functions are required to be exercised,\nshall not prevent a person from holding the office of assistant public\ndefender of the county of Essex, provided that such person resides in a\ncounty adjoining Essex county within the state of New York; provided,\nhowever that any person performing such functions or holding such\noffices in any other county shall be a resident of such county unless\notherwise provided by law. The provisions of this subdivision shall not\napply to any person holding the office of first assistant public\ndefender, the holder of which would assume the duties of the public\ndefender upon the public defender's absence from the county or upon the\npublic defender's inability to perform such office's duties.\n * NB There are 7 sb 75's\n * 75. In the village of Portville, in the county of Cattaraugus, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nsuch person shall be chosen or within which such person's official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of village clerk and village treasurer of the village\nof Portville, provided that such person resides within Cattaraugus\ncounty or an adjoining county within the state of New York. Provided,\nhowever, that the person performing the functions of village clerk and\nvillage treasurer in any other village shall be a resident of such\nvillage unless otherwise provided by law.\n * NB There are 7 sb 75's\n * 75. In the county of Greene, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which their official functions are required to be exercised,\nshall not prevent a person from holding the office of assistant public\ndefender of the county of Greene, provided that such person resides in a\ncounty adjoining Greene county within the state of New York; provided,\nhowever that any person performing such functions or holding such\noffices in any other county shall be a resident of such county unless\notherwise provided by law. The provisions of this subdivision shall not\napply to any person holding the office of first assistant public\ndefender, the holder of which would assume the duties of the public\ndefender upon the public defender's absence from the county or upon the\npublic defender's inability to perform their duties.\n * NB There are 7 sb 75's\n * 75. In the city of Auburn, in the county of Cayuga, the provisions\nof this section requiring a person to be a resident of the political\nsubdivision or municipal corporation of the state for which such person\nshall be chosen or within which such person's official functions are\nrequired to be exercised, shall not prevent such person from holding the\noffice of code enforcement officer of the city of Auburn, provided that\nsuch person resides in Cayuga county, or in an adjoining county within\nthe state of New York; provided, however that any person performing such\nfunctions of code enforcement officer in any other city in the state\nshall be a resident of such city unless otherwise provided by law.\n * NB There are 7 sb 75's\n * 76. In the town of Pendleton, Niagara county, the provisions of this\nsection requiring a person to be a resident of the political subdivision\nor municipal corporation of the state for which they shall be chosen, or\nwithin which their official function is required to be exercised, shall\nnot prevent a person from holding the office of building inspector of\nthe town of Pendleton, Niagara county; provided that said person resides\nin the county in which such town is located or an adjoining county\nwithin the state of New York. Provided, however, the person performing\nthe functions of building inspector in any other town shall be a\nresident of such town, unless otherwise provided by law.\n * NB There are 9 sb 76's\n * 76. In the town of Harrison, in the county of Westchester, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nsuch person shall be chosen or within which such person's official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of assistant court clerk or fire marshal of the town\nof Harrison; provided that such person resides in a town which is in the\ncounty of Westchester. Provided, however, the person performing the\nfunction of assistant court clerk or fire marshal in any other town\nshall be a resident of such town, unless otherwise provided by law.\n * NB There are 9 sb 76's\n * 76. In the village of Croton-on-Hudson, Westchester county, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nthey shall be chosen or within which their official functions are\nrequired to be exercised, shall not prevent a person from holding the\noffice of assistant village engineer, provided that such person resides\nwithin Westchester county, an adjoining county within the state of New\nYork, or within Dutchess county. Provided, however that persons\nperforming the functions of such appointed positions in any other\nmunicipality shall be a resident of such municipality unless otherwise\nprovided by an act of the state legislature.\n * NB There are 9 sb 76's\n * 76. In the town of Montour, in the county of Schuyler, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nsuch person shall be chosen or within which such person's official\nfunctions are required to be exercised, shall not prevent a person from\nholding the office of town justice of the town of Montour; provided that\nsuch person resides in a town which is in the county of Schuyler.\nProvided, however, the person performing the function of town justice in\nany other town shall be a resident of such town, unless otherwise\nprovided by law.\n * NB There are 9 sb 76's\n * 76. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which their official functions are required to be exercised,\nshall not prevent a person from holding the office of commissioner of\nfinance of the county of Putnam, provided that such person resides in\nPutnam county or an adjoining county within the state of New York;\nprovided, however that any person performing such functions or holding\nthe office of commissioner of finance in any other county shall be a\nresident of such county unless otherwise provided by law.\n * NB There are 9 sb 76's\n * 76. In the county of Putnam, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which their official functions are required to be exercised,\nshall not prevent a person regularly admitted to practice as an attorney\nor counselor in the courts of record of this state from holding the\noffice of Putnam county attorney, provided that such person resides in a\ncounty adjoining Putnam county within the state of New York; provided,\nhowever that any person performing such functions or holding such\noffices in any other county shall be a resident of such county unless\notherwise provided by law.\n * NB There are 9 sb 76's\n * 76. In the village of Baxter Estates, in the county of Nassau, the\nprovisions of this section requiring a person to be a resident of the\npolitical subdivision or municipal corporation of the state for which\nsuch person shall be chosen or within which such person's official\nfunctions are required to be exercised, shall not prevent such person\nfrom holding the office of village clerk-treasurer or deputy clerk of\nthe village of Baxter Estates, provided that such person resides in\nNassau county or an adjoining county within the state of New York;\nprovided, however, any person performing such functions of village\nclerk-treasurer or deputy clerk in any other village shall be a resident\nof such village, unless otherwise provided by law.\n * NB There are 9 sb 76's\n * 76. In the county of Warren, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney, assistant public defender or assistant\ncounty attorney of the county of Warren, provided that such person\nresides in a county adjoining Warren county within the state of New\nYork; provided, however that any person performing such functions or\nholding such offices in any other county shall be a resident of such\ncounty unless otherwise provided by law. The provisions of this\nsubdivision shall not apply to any person holding the office of first\nassistant public defender, the holder of which would assume the duties\nof the public defender upon the public defender's absence from the\ncounty or upon the public defender's inability to perform such office's\nduties.\n * NB There are 9 sb 76's\n * 76. In the county of Franklin, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which such person shall be chosen\nor within which such person's official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant district attorney for the county of Franklin, provided that\nsuch person resides in Franklin county or an adjoining county within the\nstate of New York; provided, however, that any person performing such\nfunctions or holding the office of assistant district attorney in any\nother county shall be a resident of such county unless otherwise\nprovided by law. The provisions of this subdivision shall not apply to\nany person holding the office of first assistant district attorney or\nchief assistant district attorney, the holder of which would assume the\nduties of the district attorney upon the district attorney's absence\nfrom the county or upon the district attorney's inability to perform\nsuch district attorney's duties.\n * NB There are 9 sb 76's\n