New York Consolidated Laws, Public Officers Law - PBO § 3. Qualifications for holding office




1. No person shall be capable of holding a civil office who shall not, at the time he or she shall be chosen thereto, have attained the age of eighteen years, except that in the case of youth boards, youth commissions, recreation commissions, or community boards in the city of New York only, members of such boards or commissions may be under the age of eighteen years, but must have attained the age of sixteen years on or before appointment to such youth board, youth commission, recreation commission, or community board in the city of New York, be a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which the electors electing him or her reside, or within which his or her official functions are required to be exercised, or who shall have been or shall be convicted of a violation of the selective draft act of the United States  [FN1], enacted May eighteenth, nineteen hundred seventeen, or the acts amendatory or supplemental thereto, or of the federal selective training and service act of nineteen hundred forty  [FN2] or the acts amendatory thereof or supplemental thereto.

1-a. (i) No person shall be capable of holding a civil office who shall stand convicted of a felony defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law .

(ii) Any individual who stands convicted of a misdemeanor defined in article two hundred, article four hundred ninety-six or section 195.00 of the penal law may not hold civil office for a period of five years from the date of conviction, provided that in the event such conviction is the result of a plea agreement resulting in a plea to such charge in lieu of a plea or conviction of a felony defined in section 195.20, article two hundred or article four hundred ninety-six of the penal law , all parties to such agreement may agree that the period of such bar may be for a period of up to ten years from the date of conviction.

2. Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a person as a member of the police force of any political subdivision or municipal corporation of the state if such person resides (a) in the county in which such political subdivision or municipal corporation is located;  or (b) in a county within the state contiguous to the county in which such political subdivision or municipal corporation is located;  or (c) in a county within the state contiguous to such political subdivision or municipal corporation;  or (d) in a county within the state contiguous to a county described in item (c) hereof where the former is less than fifteen miles from such political subdivision or municipal corporation, measured from their respective nearest boundary lines;  or (e) in a county within the state contiguous to a county described in item (d) hereof where the former is less than thirty miles from such political subdivision or municipal corporation, measured from their respective nearest boundary lines.

2-a. Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a member of the department of sanitation of any municipality of the state who resides in a county within the state contiguous to such municipality.  A member of the department of sanitation of any political subdivision or municipal corporation who has five or more years of service may reside (a) in a county in which such political subdivision or municipal corporation is located;  or (b) in a county within the state contiguous to the county in which such political subdivision or municipal corporation is located;  or (c) in a county within the state contiguous to such political subdivision or municipal corporation;  or (d) in a county within the state which is not more than fifteen miles from such political subdivision or municipal corporation.

2-b. [See also subd. 2-b below]  Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of an officer or employee of the parole commission of an  [FN3] municipality of the state if such person resides (a) in a county in which such political subdivision or municipal corporation is located;  or (b) in a county within the state contiguous to the county in which such political subdivision or municipal corporation is located;  or (c) in a county within the state contiguous to such political subdivision or municipal corporation;  or (d) in a county within the state contiguous to a county described in item (c) hereof where the former is less than fifteen miles from such political subdivision or municipal corporation, measured from their respective nearest boundary lines.

2-b. [See also subd. 2-b above]  Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision of the state for which he shall be chosen, shall apply to the appointment of a person, as an emergency special deputy sheriff, by the sheriff of a county who has declared a state of special emergency pursuant to section two hundred nine-f of the general municipal law , if such person is at the time either a regular, part time or special deputy sheriff of another county.

2-c. Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state within which his or her official functions are required to be exercised, shall apply to a person who is a member of the police department of the city of Yonkers on the effective date of this subdivision.  Every such person may reside any place within the counties of Westchester, Dutchess and Orange.

2-d. Neither the provisions of this section nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state by which he or she is employed, shall apply to a person who is employed as a deputy sheriff by the city of New York and who resides (a) in a county within the state contiguous to such municipality;  or (b) in a county within the state contiguous to a county described in paragraph (a) of this subdivision.

3. Nothing herein contained shall operate to prevent a person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the state, from accepting or retaining an appointment as a notary public, as provided in section one hundred thirty of the executive law , although he resides in or removes to an adjoining state.  For the purposes of accepting and retaining an appointment as a notary public such person shall be deemed a resident of the county where he maintains such office for the practice of law.

3-a. Nothing herein contained shall operate to prevent a person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the city of New York, from accepting or retaining an appointment as a commissioner of deeds in and for the city of New York, as provided in section one hundred forty of the executive law , although he resides in or removes to another city in this state or to an adjoining state.  For the purposes of accepting and retaining an appointment as a commissioner of deeds in and for the city of New York, such person shall be deemed a resident of the county where he maintains such office.

4. Except as otherwise provided in subdivision nine of this section, persons heretofore or hereafter employed in the paid fire department of a city, town, village or fire district shall not be deemed to be holding a civil office or a local office within the meaning of this section and the provisions of this section shall not apply to such persons.  The provisions of any general, special or local law, city or village charter, code or ordinance, or any rule or regulation requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised shall not apply to the appointment or continuance in office of any such person so employed, if such person resides in the county, or one of the counties, in which such political subdivision or municipal corporation is located.

5. Volunteer firemen and volunteer fire officers of a fire department or any company or unit thereof shall not be deemed to be holding a civil office or a local office within the meaning of this section and the provisions of this section shall not apply to such volunteer firemen and volunteer fire officers.  This subdivision shall not be deemed to amend, modify or supersede any other general, special or local law, city or village charter, code or ordinance, or any rule or regulation governing any such fire department, which prescribes the qualifications which a person must have to be a volunteer fireman or a volunteer fire officer of a political subdivision or municipal corporation.

6. The provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not apply to the appointment of trustees of a public village library, who reside outside the village in which such library is located.

7. Nothing herein contained shall operate to prevent a person regularly admitted to practice as an attorney and counsellor in the courts of record of this state, whose office for the practice of law is within the state, from accepting or retaining an appointment as a commissioner of deeds in and for the city of New York, as provided in section one hundred forty of the executive law , although he resides in or removes to any other county in the state or an adjoining state.  For the purposes of accepting and retaining an appointment as a commissioner of deeds such person shall be deemed a resident of the county where he maintains such office for the practice of law.

8. The provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within which his official functions are required to be exercised, shall not apply in the case of any probation officers heretofore or hereafter appointed;  nor shall they be applicable in the case of any other persons heretofore or hereafter appointed to non-judicial positions in the courts in this state, except those appointed to positions in courts for towns, villages and cities outside the city of New York.  This subdivision shall not be deemed to amend, modify or supersede any other general, special or local law, charter, code or ordinance, or any rule or regulation which prescribes the qualifications which a person must have to be appointed to a position referred to herein.

9. Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall apply to the appointment of a paid member of the uniformed force of a paid fire department, who, for purposes of this section shall include persons employed as fire alarm dispatchers, or to the appointment of any person employed in a department of correction in the correction service classification of the classified civil service, or to the appointment of officers and inspectors who are employees of a department of health of any city of over one million population who resides (a) in the county in which such city is located;  or (b) in a county within the state contiguous to the county in which said city is located;  or (c) in a county within the state contiguous to such city;  or (d) in a county within the state which is not more than fifteen miles from said city.

10. Neither the provisions of this section, nor of any general, special or local law, charter, code or ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a member of a drug abuse prevention council of any municipality of the state if such person resides in a county in which such political subdivision or municipal corporation is located.

11. In the city of Salamanca the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person regularly admitted to practice as an attorney or counsellor in the courts of record of this state from holding the office of city attorney or city justice of the city of Salamanca, if such person resides in the county in which such city is located.

11-a. In the city of Salamanca the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of city comptroller of the city of Salamanca, if such person resides in the county in which such city is located.

12. The provisions of this section or of any other provision of law requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not apply to the appointment of public officers in the city of Troy, except the city manager of such city, provided that such appointed officers are residents of the county of Rensselaer.

13. In the city of Hudson the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of city court judge of the city of Hudson, provided that such person resides in the county in which such city is located.

14. In the town of Mount Pleasant, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of Mount Pleasant, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

15. In the town of North Castle, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer or the office of town building inspector of the town of North Castle, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

16. In the town of New Castle, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town superintendent of highways or town engineer of the town of New Castle, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York or such town provides by resolution that such person need not be a resident of such town, but must be a resident of New York state.

17. In the town of North Salem, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector or deputy town building inspector of the town of North Salem, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

18. In the town of Mount Pleasant, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of comptroller or building inspector of the town of Mount Pleasant, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

19. Any person who resides in this state and who is currently employed as a member of the police force, a paid member of the uniformed force of a paid fire department or department of corrections in the correctional service classification of the classified civil service, of a city of over one million population, shall be exempt from the provisions of subdivisions one, two and nine of this section upon compliance with the procedure set forth in this subdivision.  Any person seeking to benefit from the exemption created by this subdivision shall notify his respective employer in writing of said intention within thirty days from the effective date of this subdivision [FN4] and shall specify his then current residence address.  The exemption created by this subdivision shall be applicable only to said actual designated residence and not to any residence that any subject currently employed member may thereafter establish;  provided, however, that any such currently employed member who resides outside this state shall have one year from the effective date of this subdivision within which to establish residence as required pursuant to subdivisions one, two and nine of this section and comply with the notice requirements of this subdivision.  Said residence shall constitute a lawful residence for all purposes notwithstanding any provision to the contrary of any general, special or local law, charter, code, ordinance, resolution, rule or regulation.

20. [Added by L.1987, c. 164, § 2 .  See, also, subds. 20 below.]  In the town of Carmel, Putnam county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of Carmel or the office of wetlands inspector of the town of Carmel provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

20. [Added by L.1987, c. 216, § 2 .  See, also, subds. 20 above and below.]  In the town of Bolivar, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town superintendent of highways of the town of Bolivar, provided that such person resides in the county in which such town is located.

20. [Added by L.1987, c. 715, § 1 .  See, also, subds. 20 above and below.]  In the city of Ithaca, Tompkins county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of member of the board of fire commissioners of the city of Ithaca, provided that such person resides in the county in which such city is located and within the town of Ithaca.

20. [Added by L.1987, c. 725, § 2 .  See, also, subds. 20 above.]  In the town of Mamaroneck, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of deputy town clerk of the town of Mamaroneck, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

21. In the town of Lewisboro, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of Lewisboro provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

22. In the town of Lewisboro, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector or deputy town building inspector of the town of Lewisboro provided that such person resides within the state of New York.

23. In the town of Sweden, Monroe county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Sweden, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

24. [As redesignated by L.1991, c. 354 .  See, also, subds. 24 below.] In the town of Greenburgh, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised shall not prevent a person from holding any appointed public office, provided that such person resides in the state of New York.

24. [As added by L.1991, c. 561 .  See, also, subds. 24 above and below.] In the town of Ogden, Monroe county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Ogden, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

24. [As added by L.1991, c. 747 .  See, also, subds. 24 above.] In the towns of Aurora, Holland and Marilla, Erie county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk to the justices of the towns of Aurora, Holland and Marilla provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

25. In the town of Patterson, Putnam county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of wetlands inspector provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

26. In the town of Ithaca, Tompkins county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of Ithaca provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

27. In the town of Bedford, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk, deputy court clerk or any position within the court clerk's office of the town of Bedford.

28. In respect to public officers employed by Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised shall not prevent a person from holding any appointed public office, provided that such person resides in the state of New York.

29. In the town of Somers, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of Somers.

30. Repealed.

31. In the town of Victor, Ontario county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Victor, provided that such person resides in an adjoining town in the county in which such town is located.

32. [As added by L.1992, c. 213 .  See, also, subd. 32 below.] In the village of Penn Yan, Yates county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of justice court clerk of the village of Penn Yan, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.

32. [As added by L.1992, c. 267 .  See, also, subd. 32 above.] In the town of North East, Dutchess county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town engineer of the town of North East, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

33. In the Flint Creek Small Watershed Protection district in the counties of Ontario and Yates, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding a district office, provided that such person owns real property within the district boundaries.

34. [As added by L.1994, c. 174 .  See, also, subds. 34 below.] In the town of Hamlin, county of Monroe, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Hamlin, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

34. [As added by L.1994, c. 229 .  See, also, subds. 34 above and below.] In the village of Goshen, Orange county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of treasurer of the village of Goshen, provided that such person resides within the state of New York.

34. [As added by L.1994, c. 473 .  See, also, subds. 34 above.] In the town of Grove, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Grove, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town unless otherwise provided by an act of the state legislature.

35. [Expires and deemed repealed Aug. 11, 2017, pursuant to L.2009, c. 329, § 14 .] Nothing herein contained shall operate to prevent an otherwise qualified officer or agent of any society for the prevention of cruelty to children in Rockland county from accepting or retaining appointment as a peace officer with such society when such officer or agent satisfies the provisions as to residence set forth in subdivision two of this section.

36. In the village of Arkport, Steuben county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of clerk/treasurer of the village of Arkport, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.

37. In the town of Independence, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Independence, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

38. In the county of Yates, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Yates, other than the first assistant district attorney, provided that such person resides in Yates county or an adjoining county within the state of New York.

38-a. In the county of Yates, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person regularly admitted to practice as an attorney or counselor in the courts of record of this state from holding the office of assistant public defender of the county of Yates, provided that such person resides in the county of Yates or an adjoining county within the state of New York.

39. In the town of Birdsall, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision of  [FN5] municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Birdsall, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

40. [As renumbered by L.1998, c. 174 .  See, also, subds. 40 below.] In the town of West Union, Steuben county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of West Union, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

40. [As added by L.1998, c. 203 .  See, also subds. 40 above and below.] In the town of Granger, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision of  [FN5] municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Granger, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

40. [As added by L.1998, c. 272 .  See, also subds. 40 above and below.] In the town of Somers, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within his official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

40. [As added by L.1998, c. 273 .  See, also subds. 40 above.] In the town of Pound Ridge, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town superintendent of highways of the town of Pound Ridge provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town superintendent of highways in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

41. [As added by L.1998, c. 174 .  See, also subds. 41 below.] In the county of Putnam, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff in Putnam county, provided, however, that such person performing the duties and functions of deputy sheriff resides in Putnam county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

41. [As added by L.1998, c. 272 .  See, also subds. 41 above and below.] In the town of Somers, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Somers provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

41. [As added by L.1998, c. 273 .  See, also subds. 41 above.] In the town of Pound Ridge, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector of the town of Pound Ridge provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town building inspector in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

42. [As added by L.1998, c. 174 .  See, also subd. 42 below.] In the county of Putnam, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of correction officer in Putnam county, provided, however, that such person performing the duties and functions of correction officer resides in Putnam county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

42. [As added by L.1998, c. 273 .  See, also subd. 42 above.] In the town of Pound Ridge, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of deputy building inspector of the town of Pound Ridge provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of deputy building inspector in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

43. [As added by L.1999, c. 90, § 1 .  See, also, subd. 43, below.] In the city of Jamestown, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding such office of director of public works in the city of Jamestown, provided that such person resides in the county in which such city is located.

43. [As added by L.1999, c. 546, § 2 .  See, also, subd. 43, above.] In the town of Ogden, Monroe county, the provisions of this section requiring a person to be a resident of a political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of building inspection and code enforcement officer of the town of Ogden provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of building inspection and code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by law.

44. [As added by L.2000, c. 243, § 1 .  See, also, subds. 44, below.] In the county of Tioga, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of correction officer in Tioga county, provided, however, that such person performing the duties and functions of correction officer resides in Tioga county or any adjoining county within New York state, unless otherwise provided by an act of the state legislature.

44. [As added by L.2000, c. 249, § 2 .  See, also, subds. 44, above and below.] In the town of Hamlin, Monroe county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporations of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector/code enforcement officer of the town of Hamlin provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town building inspector/code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

44. [As added by L.2000, c. 317, § 1 .  See, also, subds. 44, above and below.] In the town of Clarkson, in the county of Monroe, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of building inspector in the town of Clarkson provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of building inspector in any other town shall be a resident of such town, unless otherwise provided by law.

44. [As added by L.2000, c. 457, § 1 .  See, also, subds. 44, above.] In the county of Madison, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Madison, provided that such person resides in Madison county or an adjoining county within the state of New York.

45. [As added by L.2000, c. 249, § 2 .  See, also, subd. 45, below.] In the town of Hamlin, Monroe county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town fire marshall of the town of Hamlin provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town fire marshall in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

45. [As added by L.2000, c. 317, § 1 .  See, also, subd. 45, above.] In the town of Clarkson, in the county of Monroe, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of code enforcement officer in the town of Clarkson provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by law.

46. [As added by L.2001, c. 99 .  See, also, subds. 46 below.] In the town of Andover, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Andover, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

46. [As added by L.2001, c. 206 .  See, also, subds. 46 above and below.] In the town of Somers, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within his official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector provided that such person resides in the county in which such town is located, Dutchess county, or an adjoining county to Westchester county, within the state of New York.

46. [As added by L.2001, c. 584 .  See, also, subds. 46 above.] In the city of Mechanicville the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of acting judge of the city court of Mechanicville, provided that such person resides in the county of Saratoga.

47. In the town of Somers, Westchester county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within his official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Somers provided that such person resides in the county in which such town is located, Dutchess county, or an adjoining county to Westchester county, within the state of New York.

48. [As added by L.2002, c. 448 .  See, also, subds. 48, below.] In the town of Colesville, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Colesville, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

48. [As added by L.2002, c. 517 .  See, also, subds. 48, above and below.] In the county of Fulton, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff in Fulton county, provided, however, that such person performing the duties and functions of deputy sheriff resides in Fulton county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

48. [As added by L.2002, c. 518 .  See, also, subds. 48, above.] In the county of Montgomery, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff in Montgomery county, provided, however, that such person performing the duties and functions of deputy sheriff resides in Montgomery county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

49. [Added by L.2003, c. 129, § 1 .  See, also, subds. 49, below.] In the county of Madison, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff of the county of Madison, provided that such person resides in Madison county or an adjoining county within New York state, unless otherwise provided by an act of the state legislature.

49. [Added by L.2003, c. 313, § 1 .  See, also, subds. 49, above and below.] In the county of Tompkins, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff in Tompkins county, provided, however, that such person performing the duties and functions of deputy sheriff resides in Tompkins county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

49. [Added by L.2003, c. 397, § 2 .  See, also, subds. 49, above and below.] In the village of Trumansburg, in the county of Tompkins, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village clerk-treasurer and deputy clerk of the village of Trumansburg, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of village clerk-treasurer and deputy clerk in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

49. [Added by L.2003, c. 408, § 2 .  See, also, subds. 49, above and below.] In the town of Copake, in the county of Columbia, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk or deputy court clerk of the town of Copake, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of court clerk and deputy court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

49. [Added by L.2003, c. 471, § 2 .  See, also, subds. 49, above and below.] In the town of Barker, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Barker, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

49. [Added by L.2003, c. 472, § 2 .  See, also, subds. 49, above and below.] In the town of Maine, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of building inspector/code enforcement of the town of Maine, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.

49. [As added by L.2003, c. 535, § 2 .  See, also, subds. 49, above.] In the town of Nanticoke, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Nanticoke, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

50. [As added by L.2004, c. 256 .  See, also, subds. 50 below.] In the city of Peekskill, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person regularly admitted to practice as an attorney or counselor in the courts of record of this state from holding the office of city court judge for the city of Peekskill, if such person resides in Westchester county unless otherwise provided by an act of the state legislature.

50. [As added by L.2004, c. 281 .  See, also, subds. 50 above and below.] In the town of Kirkwood, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Kirkwood, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

50. [As added by L.2004, c. 323 .  See, also, subds. 50 above and below.] In the town of Big Flats, in the county of Chemung, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assessor, town attorney or director of building inspection/code enforcement office in the town of Big Flats, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, any person performing such functions or holding such offices in any other town shall be a resident of such town, unless otherwise provided by law.

50. [As added by L.2004, c. 551 .  See, also, subds. 50, above and below.] In the county of Nassau, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff in the county of Nassau, provided that such person performing the duties and functions of deputy sheriff resides in Nassau county or any adjoining county within New York state, unless otherwise provided by an act of the state legislature.

50. [As added by L.2004, c. 665 .  See, also, subds. 50 above.] In the county of Schuyler, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Schuyler, other than the chief assistant district attorney, provided that such person resides in Schuyler county or an adjoining county within the state of New York.

51. [As added by L.2005, c. 81 .  See, also, subds. 51, below.] In the village of Honeoye Falls, in the county of Monroe, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of code enforcement officer and building inspector of the village of Honeoye Falls, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of code enforcement officer and building inspector in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

51. [As added by L.2005, c. 98 .  See, also, subds. 51, above and below.] In the town of Maine, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Maine, provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of court clerk in any other town shall be a resident of such town, unless otherwise provided by law.

51. [As added by L.2005, c. 444 .  See, also, subds. 51, above.] In the village of Deposit, in the counties of Broome and Delaware, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village clerk-treasurer, deputy clerk-treasurer or court clerk of the village of Deposit, provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of village clerk-treasurer, deputy clerk-treasurer or court clerk in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

52. In the county of Schuyler, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not prevent a person from holding the office of deputy sheriff of the county of Schuyler, provided that such person resides in Schuyler county or an adjoining county within the state of New York, unless otherwise provided by law.

53. [As added by L.2006, c. 475 .  See, also, subd. 53 below.] In the town of Wellsville, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Wellsville, provided that such person resides in a town which adjoins such town and which is in the county of Allegany.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

53. [As added by L.2006, c. 663 .  See, also, subd. 53 above.] In the county of Montgomery, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Montgomery, provided that such person resides in Montgomery county or an adjoining county within the state of New York;  provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law.  The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.

54. [As added by L.2007, c. 442 .  See, also, subd. 54, below.] In the village of Wellsville, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village justice of the village of Wellsville, provided that such person resides in the town of Wellsville.  Provided, however, the person performing the functions of village justice in any other village shall be a resident of such village unless otherwise provided by law.

54. [As added by L.2007, c. 554 .  See, also, subd. 54, above.] In the town of Lewisboro, in the county of Westchester, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town wetlands inspector.  Provided, however, the person performing the functions of town wetlands inspector in any other town shall be a resident of such town, unless otherwise provided by law.

55. [As added by L.2008, c. 250, § 1 .  See, also, subds. 55, below.] In the county of Putnam, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Putnam, provided that such person resides in Putnam county or an adjoining county within the state of New York;  provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law.  The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.

55. [As added by L.2008, c. 265 .  See, also, subds. 55 above and below.] In the county of Fulton, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Fulton, provided that such person resides in Fulton county or an adjoining county within the state of New York;  provided, however, that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law.  The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.

55. [As added by L.2008, c. 281 .  See, also subds. 55 above and below.] In the county of Putnam, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of the deputy county attorney of the county of Putnam, provided that such person resides in Putnam county or an adjoining county within the state of New York;  provided, however that any person performing such functions or holding the office of the deputy county attorney in any other county shall be a resident of such county unless otherwise provided by law.

55. [As added by L.2008, c. 464 .  See, also, subds. 55 above and below.] In the town of Gerry, in the county of Chautauqua, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of court clerk of the justice court of the town of Gerry, provided that such person resides in the county in which such town is located or an adjoining county, within the state of New York.  Provided, however, the person performing the functions of court clerk in the justice court in any other town shall be a resident of such town, unless otherwise provided by law.

55. [As added by L.2008, c. 618 .  See, also, subds. 55 above] In the town of Poughkeepsie, in the county of Dutchess, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which his or her official function is required to be exercised, shall not prevent a person from holding the office of town comptroller of the town of Poughkeepsie;  provided that said person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, that the persons performing such functions in any other town shall be electors of such town unless otherwise provided by law.

56. [As added by L.2009, c. 301 .  See, also, subd. 56 below.] In the town of Willing, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Willing, provided that such person resides in a town which adjoins such town and which is in the county of Allegany.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

56. [As added by L.2009, c. 375, § 2, eff. Aug. 26, 2009 .  See, also, subd. 56 above.] In the town of Windsor, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within his or her official functions are required to be exercised, shall not prevent a person from holding the office of town building inspector and code enforcement officer provided that such person resides in the county in which such town is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town building inspector in any other town shall be an elector of such town, unless otherwise provided by an act of the state legislature.

57. In the village of Sag Harbor, in the county of Suffolk, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village justice of the village of Sag Harbor, provided that such person resides in the town of East Hampton or the town of Southampton.  Provided, however, the person performing the functions of village justice in any other village shall be a resident of such village unless otherwise provided by law.

58. [As added by L.2011, c. 128 .  See, also, subds. 58 below.] In the village of Haverstraw, in the county of Rockland, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assessor of the village provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of village assessor in any other village shall be an elector of such village, unless otherwise provided by law.

58. [As added by L.2011, c. 129 .  See, also, subds. 58 above and below.] In the village of Aurora, in the county of Cayuga, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of clerk of the village provided that such person resides in the county in which such village is located or an adjoining county within the state of New York.  Provided, however, the person performing the functions of village clerk in any other village shall be an elector of such village, unless otherwise provided by an act of the state legislature.

58. [As added by L.2011, c. 314 .  See, also, subds. 58 above and below.] In the town of Benson, in the county of Hamilton, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Benson, provided that such person resides in a town which adjoins such town.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

58. [As added by L.2011, c. 465, § 2 . See, also, subds. 58 above.] In the town of Genesee, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Genesee, provided that such person resides in a town which is in the county of Allegany.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

59. [As added by L.2012, c. 290 .  See, also subd. 59 below.] In the incorporated village of West Hampton Dunes, in the county of Suffolk, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of constable of the incorporated village of West Hampton Dunes provided such person resides in the county of Suffolk, state of New York.  Provided that the person performing the functions of constable in any other village shall be a resident of such village unless otherwise provided by law.

59. [As added by L.2012, c. 292 .  See, also, subds. 59 above and below.] In the town of Fishkill, in the county of Dutchess, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of comptroller of the town of Fishkill, provided that such person resides in the state of New York.  Provided, however, the person performing the functions of comptroller in any other town shall be a resident of such town, unless otherwise provided by law.

59. [As added by L.2012, c. 338, § 2 . See, also, subds. 59 above.] In the town of Cambria, in the county of Niagara, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which his or her official function is required to be exercised, shall not prevent a person from holding the office of building inspector of the town of Cambria;  provided that said person resides in the county in which such town is located or an adjoining county within the state of New York.

60. [As added by L.2013, c. 45, § 2.  See, also, subds. 60 below.] In the village of Macedon, county of Wayne, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of clerk/treasurer of the village of Macedon, provided that such person resides in the county of Wayne or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by law.

60. [As added by L.2013, c. 139, § 2 .  See, also, subds. 60 above and below.] In the town of Kirkwood, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town code enforcement officer/building inspector of the town of Kirkwood, provided that such person resides in the county of Broome or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of town code enforcement officer/building inspector in any other town shall be a resident of such town, unless otherwise provided by law.

60. [As added by L.2013, c. 143, § 2 . See, also, subds. 60 above and below.] In the village of Penn Yan, county of Yates, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village clerk-treasurer of the village of Penn Yan, provided that such person resides in the county in which such village is located or in an adjoining county within the state of New York.  Provided, however, the person performing the functions of village clerk-treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

60. [As added by L.2013, c. 145, § 2 . See, also, subds. 60 above and below.] In the town of Piercefield, in the county of St. Lawrence, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Piercefield, provided that such person resides in St. Lawrence or an adjoining county within the state of New York.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

60. [As added by L.2013, c. 156, § 2 . See, also, subds. 60 above and below.] In the town of Lyndon, in the county of Cattaraugus, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Lyndon, provided that such persons resides in a town which is in the county of Cattaraugus.  Provided, however, the person performing the functions of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

60. [As added by L.2013, c. 255, § 1 .  See, also, subds. 60 above and below.] In the county of Herkimer, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of public health director of the county of Herkimer, provided that such person resides in a county adjoining Herkimer county within the state of New York.

60. [As added by L.2013, c. 452, § 1 . See, also, subds. 60 above.] In the city of Utica in the county of Oneida, neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a paid member of the uniformed force of a paid fire department, who, for purposes of this section shall include persons employed as fire alarm dispatchers, if such person resides:  (a) in Oneida county;  or (b) in a county within the state contiguous to Oneida county.

61. [As added by L.2013, c. 45, § 2.  See, also, subd. 61 below.] In the village of Macedon, county of Wayne, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of deputy clerk/treasurer of the village of Macedon, provided that such person resides in the county of Wayne or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of deputy clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by law.

61. [As added by L.2013, c. 139, § 2 .  See, also, subd. 61 above.] In the town of Kirkwood, in the county of Broome, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of code officer of the town of Kirkwood, provided that such person resides in the county of Broome or an adjoining county within the state of New York.  Provided, however, the persons preforming  [FN6] the functions of code officer in any other town shall be a resident of such town, unless otherwise provided by law.

62. [As added by L.2014, c. 102, § 2 .  See, also, subds. 62 below.] In the town of Wheatfield, in the county of Niagara, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen, or within which his or her official function is required to be exercised, shall not prevent a person from holding the office of building inspector of the town of Wheatfield;  provided that said person resides in the county in which such town is located or an adjoining county within the state of New York.

62. [As added by L.2014, c. 140, § 2 .  See, also, subds. 62 above and below.] In the village of Victory, county of Saratoga, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of village clerk-treasurer of the village of Victory, provided that such person resides in the county of Saratoga or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of village clerk-treasurer in any other village shall be a resident of such village, unless otherwise provided by law.

62. [As added by L.2014, c. 177, § 2 .  See, also, subds. 62 above and below.] In the town of Conklin, in the county of Broome, the provisions of this section requiring a person to be a resident of a political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of building inspector and code enforcement officer of the town of Conklin, provided that such person resides in the county in which such town is located.  Provided, however, the person performing the functions of building inspector and code enforcement officer in any other town shall be a resident of such town, unless otherwise provided by law.

62. [As added by L.2014, c. 211, § 2 .  See, also, subds. 62 above and below.] In the town of Wallkill, in the county of Orange, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of comptroller of the town of Wallkill, provided that such person resides in the county of Orange or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of comptroller in any other town shall be a resident of such town, unless otherwise provided by law.

62. [As added by L.2014, c. 225, § 1 .  See, also, subds. 62 above.] In the county of Essex, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Essex, provided that such person resides in Essex county or an adjoining county within the state of New York;  provided, however, that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law.  The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.

63. In the village of Victory, county of Saratoga, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of deputy clerk-treasurer of the village of Victory, provided that such person resides in the county of Saratoga or an adjoining county within the state of New York.  Provided, however, the persons performing the functions of deputy clerk-treasurer in any other village shall be a resident of such village, unless otherwise provided by law.

64. [As added by L.2015, c. 139, § 1 .  See, also, subd. 64, below.] In the county of Wyoming, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Wyoming, provided that such person resides in Wyoming county or an adjoining county within the state of New York;  provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law.  The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.

64. [As added by L.2015, c. 312, § 2 .  See, also, subd. 64, above.] In the town of Lewis, Lewis county, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Lewis;  provided that such person resides in a town which adjoins such town and which is in the county of Lewis.  Provided, however, the person performing the function of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

65. [As added by L.2016, c. 203, § 2 .  See, also, subds. 65, below.] In the village of Aurora, in the county of Cayuga, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised shall not prevent a person from holding the office of code enforcement officer, provided that such person resides in the county of Cayuga or an adjoining county within the state of New York.  Provided, however, the person performing the functions of code enforcement officer in any other village shall be a resident of such village, unless otherwise provided by law.

65. [As added by L.2016, c. 282, § 2 .  See, also, subds. 65, above and below.] In the town of Allen, in the county of Allegany, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of town justice of the town of Allen;  provided that such person resides in a town which adjoins such town and which is in the county of Allegany.  Provided, however, the person performing the function of town justice in any other town shall be a resident of such town, unless otherwise provided by law.

65. [As added by L.2016, c. 306, § 3 .  See, also, subds. 65, above.] In the town of LaGrange, in the county of Dutchess, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised shall not prevent a person from holding the office of building inspector, comptroller and administrator of public works provided that such persons reside in the county of Dutchess.  Provided, however, the persons performing the functions of the building inspector, comptroller and administrator of public works in any other town shall be a resident of such town, unless otherwise provided by law.

[FN1]

 50 App.USCA §§ 201 to 211 note.  The Selective Draft Act of 1917 ceased to be of force and effect four months after the proclamation of peace by the President.

[FN2]

 50 App.USCA §§ 301 to 309a note.  The Selective Training and Service Act of 1940 expired on Mar. 31, 1947;  see 50 App.USCA § 451 et seq.

[FN3]

 So in original.  Probably should read “a”.

[FN4]

 July 22, 1986.

[FN5]

 So in original.  The word “of” should probably be “or”.

[FN6]

 So in original. ("preforming" should be "performing".)





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