N.Y. Public Officers Law § 3: Qualifications for holding office

§ 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.

2-e. 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 such

person's official functions are required to be exercised, shall apply to

the appointment of a person as a correction recruit, correction officer,

correction corporal, correction sergeant, correction lieutenant,

correction captain, correction colonel, chief of corrections, assistant

warden, or warden by a sheriff's department or local correctional

facility of any political subdivision or municipal corporation in the

counties of Rockland and Orange if such person resides: (a) in the

counties of Rockland and Orange; or (b) in a county within the state

contiguous to the counties of Rockland and Orange.

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.

9-a. The provisions of this section requiring a person to be a

resident of the state shall not apply to any person employed as a

correction officer trainee or correction officer who is employed at a

state correctional facility.

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, 2027

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 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 assistant district

attorney of the county of Yates, other than the first assistant district

attorney, provided that such person resides in Yates county, an

adjoining county within the state of New York, or within Chemung county.

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 such person shall be chosen or within

which such person's 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, an adjoining county

within the state of New York, or within Chemung county.

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 4 sb 71's

* 71. In the village of Buchanan, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector, fire inspector and code enforcement

officers of the village of Buchanan, provided that such person resides

within Westchester county or an adjoining county within the state of New

York. Provided, however that the person performing the functions of

building inspector, fire inspector and code enforcement officers in any

other village shall be a resident of such village unless otherwise

provided by an act of the state legislature.

* NB There are 4 sb 71's

* 71. In the village of Northville, in the county of Fulton, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of treasurer, village clerk and code enforcement officer of the

village of Northville, provided that such person resides in Fulton

county, or in an adjoining county within the state of New York;

provided, however that any person performing such functions of

treasurer, village clerk, and code enforcement officer in any other

village shall be a resident of such village unless otherwise provided by

law.

* NB There are 4 sb 71's

* 71. In the village of Upper Nyack, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of assessor of the village provided that such person resides in

the county in which such village is located or an adjoining county

within the state of New York. Provided, however, the person performing

the functions of village assessor in any other village shall be an

elector of such village, unless otherwise provided by law.

* NB There are 4 sb 71's

* 72. In the county of Rockland, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Rockland, provided that

such person resides in Rockland county or an adjoining county within the

state of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the county of Orange, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Orange, provided that such

person resides in Orange county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the city of Saratoga Springs, in the county of Saratoga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which the person's official

functions are required to be exercised, shall not prevent a person from

holding the office of city attorney of the city of Saratoga Springs,

provided that such person resides in Saratoga county or an adjoining

county within the state of New York; provided, however that any person

performing such functions or holding such office of the city attorney in

any other city shall be a resident of such city unless otherwise

provided by law.

* NB There are 10 sb 72's

* 72. In the village of Scarsdale, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk, building inspector, assistant building inspector,

village clerk, assistant village clerk, village treasurer, assistant

village treasurer, assessor, village engineer, or village planner,

provided that such person resides within Westchester county or an

adjoining county within the state of New York, except that the village

treasurer may also reside within Dutchess county. Provided, however that

persons performing the functions of such appointed positions in any

other municipality shall be a resident of such municipality unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 72's

* 72. In the city of Johnstown, in the county of Fulton, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of city attorney of the city of Johnstown, provided that such

person resides in Fulton county or an adjoining county within the state

of New York; provided, however that any person performing such functions

or holding the office of the city attorney in any other city shall be a

resident of such county unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the county of Oneida, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney, provided that such person resides in Oneida

county or in an adjoining county within the state of New York; provided,

however, that any person performing such functions or holding the office

of assistant district attorney in any other county shall be a resident

of such county unless otherwise provided by law. The provisions of this

subdivision shall not apply to any person holding the office of first

assistant district attorney or chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the village of Voorheesville, in the county of Albany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of clerk, treasurer, clerk-treasurer, deputy clerk, deputy clerk

treasurer, and building inspector of the village of Voorheesville

provided that such person resides in the county in which such village is

located or an adjoining county within the state of New York. Provided,

however, the person performing the functions of an appointed village

officer in any other village shall be an elector of such village, unless

otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the village of Chestnut Ridge, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Chestnut Ridge, provided

that such person resides in the county of Rockland. Provided, however,

the person performing the functions of village justice in any other

village shall be a resident of such village unless otherwise provided by

law.

* NB There are 10 sb 72's

* 72. In the town of Van Etten, in the county of Chemung, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Van Etten; provided that such

person resides in a town which is in the county of Chemung. Provided,

however, the person performing the function of town justice in any other

town shall be a resident of such town, unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

information services director for the county of Herkimer, provided that

such person resides in a county adjoining Herkimer county within the

state of New York; provided, however that any person performing such

functions or holding the office of the information services director in

any other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 72's

* 73. In the county of Seneca, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of clerk

to the board of supervisors of Seneca county, provided that such person

resides in a county adjoining Seneca county within the state of New

York; provided, however that any person performing such functions or

holding the office of clerk to the board of supervisors in any other

county shall be a resident of such county unless otherwise provided by

law.

* NB There are 10 sb 73's

* 73. In the village of Maybrook, in the county of Orange, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Maybrook, provided that such

person resides in the town of Montgomery or the town of Hamptonburgh.

Provided, however, the person performing the functions of village

justice in any other village shall be a resident of such village unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

* 73. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

commissioner of planning, development, and public transportation of the

county of Putnam, provided that such person resides in Putnam county or

an adjoining county within the state of New York; provided, however that

any person performing such functions or holding the office of

commissioner of planning, development, and public transportation in any

other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 73's

* 73. In the county of Rensselaer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Rensselaer, provided that

such person resides in Rensselaer county or an adjoining county within

the state of New York; provided, however, that any person performing

such functions or holding the office of assistant district attorney in

any other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 73's

* 73. In the county of Greene, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Greene, provided that such

person resides in Greene county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 73's

* 73. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

Herkimer county commissioner of social services, provided that such

person resides in a county adjoining Herkimer county within the state of

New York; provided, however that any person performing such functions or

holding the office of county commissioner of social services in any

other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 73's

* 73. In the city of Amsterdam, in the county of Montgomery, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of city controller or city engineer in the city of Amsterdam,

provided that such person resides in Montgomery county or an adjoining

county within the state of New York; provided, however that any person

performing such functions or holding such office in any other city shall

be a resident of such city unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Laurel Hollow, in the county of Nassau, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice and/or associate justice of the village of

Laurel Hollow, provided that such person resides in the county of Nassau

or the town of Huntington, county of Suffolk. Provided, however, the

person performing the functions of village justice in any other village

shall be a resident of such village unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Cold Spring, in Putnam county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk/treasurer and the deputy clerk of the village of

Cold Spring, provided that such person resides in the county in which

such village is located or an adjoining county within the state of New

York. Provided, however, the person performing the functions of village

clerk/treasurer and the deputy clerk in any other village shall be a

resident of such village, unless otherwise provided by an act of the

state legislature.

* NB There are 10 sb 73's

* 73. In the village of Otisville, Orange county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk/treasurer and deputy village clerk/treasurer of

the village of Otisville, provided that such person resides in the

county in which such village is located or an adjoining county within

the state of New York. Provided, however, the person performing the

functions of village clerk/treasurer and deputy village clerk/treasurer

in any other village shall be a resident of such village, unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

* 74. In the village of Cayuga Heights, in the county of Tompkins, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice and/or associate justice of the village of

Cayuga Heights, provided that such person resides in the county of

Tompkins. Provided, however, the person performing the functions of

village justice in any other village shall be a resident of such village

unless otherwise provided by law.

* NB There are 4 sb 74's

* 74. 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

assistant district attorney of the county of Columbia, provided that

such person resides in Columbia 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 4 sb 74's

* 74. 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

assistant district attorney of the county of Saratoga, 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 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 4 sb 74's

* 74. In the county of Seneca, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person regularly admitted to practice as

an attorney or counselor in the courts of record of this state from

holding the office of Seneca county attorney, provided that such person

resides in the county of Seneca, or an adjoining county within the state

of New York. Provided, however, the person performing the functions of

county attorney in any other county shall be a resident of such county,

unless otherwise provided by an act of the state legislature.

* NB There are 4 sb 74's

* 75. In the county of Schenectady, 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

assistant district attorney of the county of Schenectady, provided, that

such person resides in Schenectady 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 such district attorney's duties.

* NB There are 7 sb 75's

* 75. In the town of Chester, 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 such person

shall be chosen or within which such persons 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 Chester

provided that such person resides in Orange county; provided, however

that any person performing such functions or holding the office of

comptroller or building inspector in any other town shall be a resident

of such county unless otherwise provided by law.

* NB There are 7 sb 75's

* 75. 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 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

assistant county attorney of the county of Herkimer, provided that such

person resides in Herkimer 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 county 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 Herkimer county attorney.

* NB There are 7 sb 75's

* 75. 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 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 assistant public

defender of the county of Essex, provided that such person resides in a

county adjoining Essex county within the state of New York; provided,

however that any person performing such functions or holding such

offices 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 such office's duties.

* NB There are 7 sb 75's

* 75. In the village of Portville, 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

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 village clerk and village treasurer of the village

of Portville, provided that such person resides within Cattaraugus

county or an adjoining county within the state of New York. Provided,

however, that the person performing the functions of village clerk and

village treasurer in any other village shall be a resident of such

village unless otherwise provided by law.

* NB There are 7 sb 75's

* 75. In the county of Greene, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which their official functions are required to be exercised,

shall not prevent a person from holding the office of assistant public

defender of the county of Greene, provided that such person resides in a

county adjoining Greene county within the state of New York; provided,

however that any person performing such functions or holding such

offices 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 their duties.

* NB There are 7 sb 75's

* 75. In the city of Auburn, 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 such person

shall be chosen or within which such person's official functions are

required to be exercised, shall not prevent such person from holding the

office of code enforcement officer of the city of Auburn, provided that

such person resides in Cayuga county, or in an adjoining county within

the state of New York; provided, however that any person performing such

functions of code enforcement officer in any other city in the state

shall be a resident of such city unless otherwise provided by law.

* NB There are 7 sb 75's

* 76. In the town of Pendleton, 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 they shall be chosen, or

within which their official function is required to be exercised, shall

not prevent a person from holding the office of building inspector of

the town of Pendleton, 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 9 sb 76's

* 76. In the town of Harrison, 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

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 assistant court clerk or fire marshal of the town

of Harrison; provided that such person resides in a town which is in the

county of Westchester. Provided, however, the person performing the

function of assistant court clerk or fire marshal in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the village of Croton-on-Hudson, 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

they shall be chosen or within which their official functions are

required to be exercised, shall not prevent a person from holding the

office of assistant village engineer, provided that such person resides

within Westchester county, an adjoining county within the state of New

York, or within Dutchess county. Provided, however that persons

performing the functions of such appointed positions in any other

municipality shall be a resident of such municipality unless otherwise

provided by an act of the state legislature.

* NB There are 9 sb 76's

* 76. In the town of Montour, 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

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 Montour; provided that

such person resides in a town which is in the county of Schuyler.

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 9 sb 76's

* 76. 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 their official functions are required to be exercised,

shall not prevent a person from holding the office of commissioner of

finance of the county of Putnam, provided that such person resides in

Putnam county or an adjoining county within the state of New York;

provided, however that any person performing such functions or holding

the office of commissioner of finance in any other county shall be a

resident of such county unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. 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 their 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 Putnam county attorney, provided that such person resides in a

county adjoining Putnam county within the state of New York; provided,

however that any person performing such functions or holding such

offices in any other county shall be a resident of such county unless

otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the village of Baxter Estates, 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 such person

from holding the office of village clerk-treasurer or deputy clerk of

the village of Baxter Estates, provided that such person resides in

Nassau county or an adjoining county within the state of New York;

provided, however, any person performing such 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 9 sb 76's

* 76. In the county of Warren, 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

assistant district attorney, assistant public defender or assistant

county attorney of the county of Warren, provided that such person

resides in a county adjoining Warren county within the state of New

York; provided, however that any person performing such functions or

holding such offices 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 such office's

duties.

* NB There are 9 sb 76's

* 76. In the county of Franklin, 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

assistant district attorney for the county of Franklin, provided that

such person resides in Franklin 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

such district attorney's duties.

* NB There are 9 sb 76's