N.Y. Town Law § 60: Town board constituted

§ 60. Town board constituted. 1. In every town the supervisor and the

town council members shall constitute the town board and shall be vested

with all the powers of such a town and shall possess and exercise all

the powers and be subject to all the duties now or hereafter imposed by

law upon town boards and town boards of health within such towns; but it

is not intended to extend the power of said boards or officers within

the limits of any incorporated village or city, or in any manner to

abridge or interfere with the power and authority of the officers of any

such village or city within its corporate limits, except as otherwise

provided by law.

2. In any town in which a town justice serves as a member of the town

board, such town justice shall continue to serve as a member of the town

board until the expiration of their term. Thereafter any town justice

shall not be a member of the town board and a town council member shall

be elected as a member of such town board in place of such town justice

except as otherwise provided by the town board by resolution adopted

pursuant to the provisions of section sixty-a of this article.