New York Consolidated Laws, Town Law - TWN § 60. Town board constituted

1. In every town the supervisor and the town council members shall constitute the town board and shall be vested with all the powers of such a town and shall possess and exercise all the powers and be subject to all the duties now or hereafter imposed by law upon town boards and town boards of health within such towns;  but it is not intended to extend the power of said boards or officers within the limits of any incorporated village or city, or in any manner to abridge or interfere with the power and authority of the officers of any such village or city within its corporate limits, except as otherwise provided by law.

2. In any town in which a town justice serves as a member of the town board, such town justice shall continue to serve as a member of the town board until the expiration of their term.  Thereafter any town justice shall not be a member of the town board and a town council member shall be elected as a member of such town board in place of such town justice except as otherwise provided by the town board by resolution adopted pursuant to the provisions of section sixty-a of this article.