§ 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, 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 or the acts amendatory thereof or supplemental thereto.

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Terms Used In N.Y. Public Officers Law 3

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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 § 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 § 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 or in the case of a member of the department of sanitation in a city with a population of one million or more who has two or more years of service to such city 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. 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 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.

* NB There are 2 sub 2-b's

* 2-b. 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 § 209-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.

* NB There are 2 sub 2-b's

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 § 130 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 § 140 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 firefighters 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 firefighters 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 firefighter 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 § 140 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, the office of town building inspector or the office of receiver of taxes 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 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 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, an adjoining county, or the county of Dutchess, within the state of New York. Provided, however, the persons performing the functions of town building inspector and deputy town building inspector in any other town shall be a resident of such town, unless otherwise provided by law.

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 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. 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.

* NB There are 4 sub 20's

* 20. 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.

* NB There are 4 sub 20's

* 20. 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.

* NB There are 4 sub 20's

* 20. 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.

* NB There are 4 sub 20's

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. 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.

* NB There are 3 sub 24's

* 24. 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.

* NB There are 3 sub 24's

* 24. 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.

* NB There are 3 sub 24's

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.

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. 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.

* NB There are 2 sub 32's

* 32. 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.

* NB There are 2 sub 32's

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. 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.

* NB There are 3 sub 34's

* 34. 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.

* NB There are 3 sub 34's

* 34. 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.

* NB There are 3 sub 34's

* 35. 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.

* NB Repealed August 11, 2025

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 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. 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.

* NB There are 4 sub 40's

* 40. In the town of Granger, Allegany county, the provisions of this section requiring a person to be a resident of the political subdivision of 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.

* NB There are 4 sub 40's

* 40. 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.

* NB There are 4 sub 40's

* 40. 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.

* NB There are 4 sub 40's

* 41. 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.

* NB There are 3 sub 41's

* 41. 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.

* NB There are 3 sub 41's

* 41. 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.

* NB There are 3 sub 41's

* 42. 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.

* NB There are 2 sub 42's

* 42. 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.

* NB There are 2 sub 42's

* 43. 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.

* NB There are 2 sub 43's

* 43. 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.

* NB There are 2 sub 43's

* 44. 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.

* NB There are 4 sub 44's

* 44. 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.

* NB There are 4 sub 44's

* 44. 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.

* NB There are 4 sub 44's

* 44. 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.

* NB There are 4 sub 44's

* 45. 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.

* NB There are 2 sub 45's

* 45. 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.

* NB There are 2 sub 45's

* 46. 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.

* NB There are 3 sub 46's

* 46. 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.

* NB There are 3 sub 46's

* 46. 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.

* NB There are 3 sub 46's

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. 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.

* NB There are 3 sub 48's

* 48. 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.

* NB There are 3 sub 48's

* 48. 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.

* NB There are 3 sub 48's

* 49. 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.

* NB There are 7 sub 49's

* 49. 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.

*NB There are 7 sub 49's

* 49. 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.

* NB There are 7 sub 49's

* 49. 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.

* NB There are 7 sub 49's

* 49. 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.

* NB There are 7 sub 49's

* 49. 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.

* NB There are 7 sub 49's

* 49. 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.

* NB There are 7 sub 49's

* 50. 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.

* NB There are 5 sub 50's

* 50. 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.

* NB There are 5 sub 50's

* 50. 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.

* NB There are 5 sub 50's

* 50. 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.

* NB There are 5 sub 50's

* 50. 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.

* NB There are 5 sub 50's

* 51. 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.

* NB There are 3 sub 51's

* 51. 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.

* NB There are 3 sub 51's

* 51. 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.

* NB There are 3 sub 51's

52. In the county of Schuyler, the provisions of this § 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. 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.

* NB There are 2 sb 53's

* 53. 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.

* NB There are 2 sb 53's

* 54. 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.

* NB There are 2 sb 54's

* 54. 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.

* NB There are 2 sb 54's

* 55. 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.

* NB There are 5 sb 55's

* 55. 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.

* NB There are 5 sb 55's

* 55. 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.

* NB There are 5 sb 55's

* 55. 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.

* NB There are 5 sb 55's

* 55. 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.

* NB There are 5 sb 55's

* 56. 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 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 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.

* NB There are 2 sub 56's

* 56. 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.

* NB There are 2 sub 56's

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. 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.

* NB There are 4 sub 58's

* 58. 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.

* NB There are 4 sub 58's

* 58. 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.

* NB There are 4 sub 58's

* 58. 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.

* NB There are 4 sub 58's

* 59. 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.

* NB There are 3 sb 59's

* 59. 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.

* NB There are 3 sb 59's

* 59. 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.

* NB There are 3 sb 59's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 60. 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.

* NB There are 7 sb 60's

* 61. 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.

* NB There are 2 sb 61's

* 61. 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 the functions of code officer in any other town shall be a resident of such town, unless otherwise provided by law.

* NB There are 2 sb 61's

* 62. 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.

* NB There are 5 sb 62's

* 62. 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.

* NB There are 5 sb 62's

* 62. 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.

* NB There are 5 sb 62's

* 62. 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.

* NB There are 5 sb 62's

* 62. 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.

* NB There are 5 sb 62's

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. 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.

* NB There are 2 sb 64's

* 64. 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.

* NB There are 2 sb 64's

* 65. 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.

* NB There are 3 sb 65's

* 65. 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.

* NB There are 3 sb 65's

* 65. 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.

* NB There are 3 sb 65's

* 66. In the town of Wallkill, in the county of Orange, 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 Wallkill, provided that such person resides in the county in which such town is located. Provided, however, the persons performing the functions of building inspector and code enforcement officer in any other town shall be residents of such town, unless otherwise provided by law.

* NB There are 7 sb 66's

* 66. In the town of Boylston, Oswego 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 function is required to be exercised, shall not prevent a person from holding the office of town justice of the town of Boylston; provided that said person resides in a town which adjoins such town and which is in the county of Oswego. 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.

* NB There are 7 sb 66's

* 66. In the county of Sullivan, 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 Sullivan, provided that such person resides in Sullivan 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.

* NB There are 7 sb 66's

* 66. In the town of Somers, 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 assistant court clerk of the town of Somers, provided that such person resides in the county in which such town is located or Putnam county. Provided, however, the person performing the functions of assistant court clerk in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

* NB There are 7 sb 66's

* 66. In the county of Chenango, 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 Chenango county, provided, however, that such person performing the duties and functions of correction officer resides in Chenango county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

* NB There are 7 sb 66's

* 66. In the village of Fair Haven, Cayuga 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 village clerk-treasurer or deputy clerk of the village of Fair Haven, 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 or deputy clerk in any other village shall be a resident of such village, unless otherwise provided by law.

* NB There are 7 sb 66's

* 66. In the village of Mannsville, in the county of Jefferson, 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 of the village of Mannsville, 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 a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 7 sb 66's

* 67. In the town of Wilson, Niagara 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 function is required to be exercised, shall not prevent a person from holding the office of building inspector of the town of Wilson, Niagara county; 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, the person performing the functions of building inspector in any other town shall be a resident of such town, unless otherwise provided by law.

* NB There are 8 sb 67's

* 67. In the town of Sodus, Wayne 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 function is required to be exercised, shall not prevent a person from holding the office of court clerk of the town of Sodus; provided that said person resides in the county in which such town is located. 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.

* NB There are 8 sb 67's

* 67. In the town of Putnam Valley, Putnam 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 inspector/code enforcement officer and assistant/deputy building inspector/code enforcement officer of the town of Putnam Valley, provided that such person resides in Putnam County or any adjoining county within the state of New York. Provided, however, the persons performing the functions of building inspector/code enforcement officer and assistant/deputy 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.

* NB There are 8 sb 67's

* 67. In the county of Oswego, 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 Oswego, other than the first assistant district attorney, provided that such person resides in Oswego county or in 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.

* NB There are 8 sb 67's

* 67. In the village of Spring Valley, 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 village justice of the village of Spring Valley, provided that such person resides in the town of Ramapo or the town of Clarkstown. 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 an act of the state legislature.

* NB There are 8 sb 67's

* 67. In the village of Mount Morris, Livingston 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 village court clerk or deputy clerk/treasurer of the village of Mount Morris, 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 court clerk or deputy clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 8 sb 67's

* 67. In the county of Chenango, 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 Chenango, provided that such person resides in Chenango county or an adjoining county within the state of New York; unless otherwise provided by law.

* NB There are 8 sb 67's

* 67. In the village of St. Johnsville, 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 village clerk/treasurer and code enforcement officer of the village of St. Johnsville, 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 code enforcement officer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 8 sb 67's

* 68. In the county of Chenango, 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 Chenango, provided that such person resides in Chenango 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, 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.

* NB There are 9 sb 68's

* 68. In the county of Nassau, 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 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 Nassau county, provided, however, that such person performing the duties and functions of correction officer resides in Nassau county or any adjoining county within New York state unless otherwise provided by an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the county of Washington, 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 Washington, provided that such person resides in Washington 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.

* NB There are 9 sb 68's

* 68. In the county of Lewis, 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 Lewis, other than the first assistant district attorney, provided that such person resides in Lewis county or in 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.

* NB There are 9 sb 68's

* 68. 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 assistant district attorney or senior assistant district attorney of the county of Cayuga, provided that such person resides in Cayuga 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 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.

* NB There are 9 sb 68's

* 68. In the town of Somers, 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 position of court attendant for the town of Somers, provided that such person resides in the county in which such town is located. Provided, however, the person performing the functions of court attendant in any other town shall be a resident of such town, unless otherwise provided by an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the village of Airmont, 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 building inspector, fire inspector and code enforcement officers of the village of Airmont, provided that such person resides within Rockland county or an adjoining county within the state of New York. Provided, however, the person performing the functions of building inspector, fire inspector and code enforcement officers in any other village shall be a resident of such village unless otherwise provided by an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the town of Pavilion, Genesee 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 superintendent of highways or town engineer of the town of Pavilion, provided that such person resides in an adjoining town or village within an adjoining town within the state of New York. Provided, however, the person performing the functions of town superintendent of highways or town engineer in any other town shall be a resident of such town, unless otherwise provided by law.

* NB There are 9 sb 68's

* 68. In the county of Oswego, 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 special patrol officer for the county of Oswego, provided that such person resides in Oswego county or an adjoining county within the state of New York; provided, however, that any person performing such functions or holding the office of special patrol officer in any other county shall be a resident of such county unless otherwise provided by an act of the state legislature.

* NB There are 9 sb 68's

69. In the county of Chenango, 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 public defender of the county of Chenango, provided that such person resides in Chenango 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 public defender 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 public defender, the holder of which would assume the duties of the public defender upon the public defender's absence from the county or upon the public defender's inability to perform his or her duties.

* 70. In the village of Riverside, in the county of Steuben, 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 code enforcement officer of the village of Riverside, 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 code enforcement officer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 6 sb 70's

* 70. In the county of Orleans, 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 Orleans, provided that such person resides in Orleans 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, 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.

* NB There are 6 sb 70's

* 70. In the city of Amsterdam, 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 corporation counsel in the city of Amsterdam, 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 such office in any other city shall be a resident of such city unless otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the village of South Glens Falls, in the 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 clerk-treasurer, deputy clerk, deputy treasurer, code enforcement officer or building inspector, provided that such person resides in Saratoga county or an adjoining county; provided, however that any person performing such functions or holding such office in any other village shall be a resident of such village unless otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the city of Saratoga Springs, in the 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 mayor, deputy commissioner of finance, deputy commissioner of public works, deputy commissioner of public safety or deputy commissioner of accounts, provided that such person resides in Saratoga county; provided, however that any person performing such functions or holding such office in any other city shall be a resident of such city unless otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the town of Angelica, 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 Angelica; 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.

* NB There are 6 par 70's

* 71. In the city of Mechanicville, in the 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 city attorney of the city of Mechanicville, provided that such person resides in Saratoga 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 city attorney in any other city shall be a resident of such county unless otherwise provided by law.

* NB There are 4 sb 71's

* 71. In the village of Buchanan, 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 building inspector, fire inspector and code enforcement officers of the village of Buchanan, provided that such person resides within Westchester county or an adjoining county within the state of New York. Provided, however that the person performing the functions of building inspector, fire inspector and code enforcement officers in any other village shall be a resident of such village unless otherwise provided by an act of the state legislature.

* NB There are 4 sb 71's

* 71. In the village of Northville, 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 treasurer, village clerk and code enforcement officer of the village of Northville, provided that such person resides in Fulton county, or in an adjoining county within the state of New York; provided, however that any person performing such functions of treasurer, village clerk, and code enforcement officer in any other village shall be a resident of such village unless otherwise provided by law.

* NB There are 4 sb 71's

* 71. In the village of Upper Nyack, 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.

* NB There are 4 sb 71's

* 72. 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 assistant district attorney of the county of Rockland, provided that such person resides in Rockland 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 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.

* NB There are 10 sb 72's

* 72. 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 assistant district attorney of the county of Orange, provided that such person resides in Orange 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 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.

* NB There are 10 sb 72's

* 72. In the city of Saratoga Springs, in the 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 such person shall be chosen or within which the person's official functions are required to be exercised, shall not prevent a person from holding the office of city attorney of the city of Saratoga Springs, provided that such person resides in Saratoga county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding such office of the city attorney in any other city shall be a resident of such city unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the village of Scarsdale, 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 the office of court clerk, building inspector, assistant building inspector, village clerk, assistant village clerk, village treasurer, assistant village treasurer, assessor, village engineer, or village planner, provided that such person resides within Westchester county or an adjoining county within the state of New York, except that the village treasurer may also reside within Dutchess county. Provided, however that persons performing the functions of such appointed positions in any other municipality shall be a resident of such municipality unless otherwise provided by an act of the state legislature.

* NB There are 10 sb 72's

* 72. In the city of Johnstown, 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 city attorney of the city of Johnstown, 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 the city attorney in any other city shall be a resident of such county unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the county of Oneida, 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, provided that such person resides in Oneida county or in 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.

* NB There are 10 sb 72's

* 72. In the village of Voorheesville, in the county of Albany, 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, clerk-treasurer, deputy clerk, deputy clerk treasurer, and building inspector of the village of Voorheesville 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 an appointed village officer in any other village shall be an elector of such village, unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the village of Chestnut Ridge, 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 village justice of the village of Chestnut Ridge, provided that such person resides in the county of Rockland. 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.

* NB There are 10 sb 72's

* 72. In the town of Van Etten, 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 town justice of the town of Van Etten; provided that such person resides in a town which is in the county of Chemung. 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.

* NB There are 10 sb 72's

* 72. 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 information services director for the county of Herkimer, provided that such person resides in a county adjoining Herkimer county within the state of New York; provided, however that any person performing such functions or holding the office of the information services director in any other county shall be a resident of such county unless otherwise provided by law.

* NB There are 10 sb 72's

* 73. In the county of Seneca, 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 to the board of supervisors of Seneca county, provided that such person resides in a county adjoining Seneca county within the state of New York; provided, however that any person performing such functions or holding the office of clerk to the board of supervisors in any other county shall be a resident of such county unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Maybrook, 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 village justice of the village of Maybrook, provided that such person resides in the town of Montgomery or the town of Hamptonburgh. 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 an act of the state legislature.

* NB There are 10 sb 73's

* 73. 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 commissioner of planning, development, and public transportation 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 commissioner of planning, development, and public transportation in any other county shall be a resident of such county unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the county of Rensselaer, 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 Rensselaer, provided that such person resides in Rensselaer 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 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.

* NB There are 10 sb 73's

* 73. In the county of Greene, 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 Greene, provided that such person resides in Greene 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, 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.

* NB There are 10 sb 73's

* 73. 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 Herkimer county commissioner of social services, provided that such person resides in a county adjoining Herkimer county within the state of New York; provided, however that any person performing such functions or holding the office of county commissioner of social services in any other county shall be a resident of such county unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the city of Amsterdam, 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 city controller or city engineer in the city of Amsterdam, 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 such office in any other city shall be a resident of such city unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Laurel Hollow, 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 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 and/or associate justice of the village of Laurel Hollow, provided that such person resides in the county of Nassau or the town of Huntington, county of Suffolk. 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.

* NB There are 10 sb 73's

* 73. In the village of Cold Spring, in 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 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 the deputy clerk of the village of Cold Spring, 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 the deputy clerk in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

* 73. In the village of Otisville, 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 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 village clerk/treasurer of the village of Otisville, 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 village clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

74. In the village of Cayuga Heights, 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 justice and/or associate justice of the village of Cayuga Heights, provided that such person resides in the county of Tompkins. 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.

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