N.Y. Town Law § 60-a

§ 60-a. Removal of town justices from town board. 1. Notwithstanding\nany provision of this chapter or any other law to the contrary, in any\ntown in which a town justice serves as a member of the town board, a\nvacancy shall be created and is hereby created on the town board upon\nthe expiration of the term of office of such justice and the membership\nof such town board shall consist of a town supervisor and town\ncouncilmen and the vacancy on such town board created by the expiration\nof the term of the town justice shall be filled at the general election\npreceding the expiration of the term of such justice by the election of\na town councilman, unless the office of town councilman does not exist\nin such town. In the event the town board determines that councilmen\nshould be elected biennially and in order to so provide, it is necessary\nthat such councilman be elected for a single one year term or a single\nthree year term, such town board may, by resolution provide that the\ntown councilman elected to fill the vacancy created by the expiration of\nthe term of town justice as town board member, shall be first elected\nfor a single one or three year term as provided in such resolution and\nhis successors shall thereafter be elected for four year terms.\n Notwithstanding the provisions of this section, or any other law to\nthe contrary, which provides that a town justice shall not constitute a\nmember of the town board, such office of town justice shall continue and\nsuch town justice shall have all the powers and duties of a town justice\nas defined by the uniform justice court act and as otherwise provided by\nlaw. Such town justices shall continue to be elected as town justices\nexcept that such town justices shall not constitute members of the town\nboard.\n 2. In the event the town board determines that it will be in the best\ninterests of the town, such town board may, by the adoption of a\nresolution, subject to permissive referendum, reduce the number of\ncouncilmen or town justices and provide that the term of such town\ncouncilman first elected shall be for a single two or four year term in\norder to provide for biennial town elections and his successor shall\nthereafter be elected for four year terms. In no event shall any town\nboard constitute less than two town councilmen and the supervisor. The\ntown board of any town in which the number of councilmen or justices has\nbeen reduced pursuant to this subdivision, may adopt a resolution,\nsubject to permissive referendum, restoring one or two of the offices of\ncouncilmen or town justices previously reduced, provided, however, that\nthe total number of town justices for such town including the restored\noffices, shall not exceed the number provided in subdivision one of\nsection twenty of this chapter. Such resolution shall provide for a two\nor four year term for the restored office of councilman in order to\nprovide for biennial town elections, and his successor shall thereafter\nbe elected for four year terms. The election of a councilman or town\njustice to the restored office shall take place at the biennial town\nelection next succeeding the effective date of such resolution, for a\nterm of office commencing January first following the election.\n