NYCL AGO 96-14.

• Case Date: March 25, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-14. March 25, 1996Informal Opinion No. 96-14Wayne A. Gavioli, Esq.Town Attorney No. 96-14 Town of Orangetown Town Hall Orangeburg, NY 10962NY CONST ART 6 § 17(d); TOWN LAW § 20(1)(i).Upon establishment of the office of third town justice in the Town of Orangetown, the first occupant of the position is chosen by the electorate at a general town election.Dear Mr. Gavioli: You have asked whether in the Town of Orangetown, upon creation of the office of third town justice, the town board immediately may appoint a person to fill that position or whether the electorate must be given that responsibility at a general election with the winner taking office on January 1. Under section 20(1)(i) of the Town Law, the town board of the Town of Orangetown at least 60 days prior to any general or special election may adopt a resolution, subject to a permissive referendum, providing that the town will have three town justices. Upon the adoption of such a resolution or if a referendum is held and a majority of the voters vote for the proposition to establish a third town justice,

the electors of such town shall elect at the succeeding general election a town justice who shall take office for a term of four years beginning on the first day of January next succeeding such biennial town election.

In our view, following establishment of the position of third town justice, the first incumbent is to be elected at the succeeding general election and will take office on the 1st day of January after that election. The statutory language "succeeding general election" is a reference to the general election that follows the general or special election occurring after the 60-day period. For example, upon the enactment of a resolution today to establish...