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SECTION 3
Qualifications for holding office
Public Officers (PBO) CHAPTER 47, ARTICLE 2
§ 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.

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

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

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

2-a. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall apply to the appointment of a member of the department
of sanitation of any municipality of the state who resides in a county
within the state contiguous to such municipality. A member of the
department of sanitation of any political subdivision or municipal
corporation who has five or more years of service 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 section two hundred nine-f of the general municipal law, if
such person is at the time either a regular, part time or special deputy
sheriff of another county.

* 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 section one hundred thirty of the executive law,
although he resides in or removes to an adjoining state. For the
purposes of accepting and retaining an appointment as a notary public
such person shall be deemed a resident of the county where he maintains
such office for the practice of law.

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

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

5. Volunteer 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
section one hundred forty of the executive law, although he resides in
or removes to any other county in the state or an adjoining state. For
the purposes of accepting and retaining an appointment as a commissioner
of deeds such person shall be deemed a resident of the county where he
maintains such office for the practice of law.

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

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

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

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

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

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

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

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

15. In the town of North Castle, Westchester county, the provisions of
this section requiring a person to be a resident of the political
subdivision or municipal corporation of the state for which he shall be
chosen or within which his official functions are required to be
exercised, shall not prevent a person from holding the office of town
engineer, 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, 2023

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

* 53. 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 3 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 3 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 3 sb 71's