S T A T E O F N E W Y O R K
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8402
2015-2016 Regular Sessions
I N A S S E M B L Y
October 2, 2015
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Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Local Governments
AN ACT to amend the village law, in relation to authorizing the appoint-
ment of an additional acting village justice by villages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 2 of section 3-301 of the
village law, as amended by chapter 555 of the laws of 2006, is amended
to read as follows:
a. except as provided in section 3-303 of this article, no more than
two village justices, but in the event a village has one justice, it
shall also have an acting justice who shall serve when requested by the
village justice or in the absence or inability of the village justice to
serve. A VILLAGE THAT HAS ONE JUSTICE, MAY ADOPT A RESOLUTION ON UNANI-
MOUS CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO AUTHORIZE THE APPOINT-
MENT OF A SECOND ACTING VILLAGE JUSTICE TO SERVE WHEN REQUESTED BY THE
VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY OF THE VILLAGE JUSTICE OR
ACTING VILLAGE JUSTICE TO SERVE. The office of village justice is
continued in every village in which it is now established. The board of
trustees of any other village may establish such office by resolution or
local law, subject to a permissive referendum. The board of trustees of
any village by resolution or local law, subject to permissive referen-
dum, may abolish such office, but to take effect only upon the expira-
tion of the then current term of such office, or establish the office of
additional village justices, which justice once elected shall have all
the powers and duties of a village justice. The resolution or local law
in the latter case shall provide for a term pursuant to section 3-302 of
this article. The clerk of the court of a village shall be discharged
from employment only upon the advice and consent of the village justice
or justices when the clerk, in his or her village duties, works solely
for the village justice or justices.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.