N.Y. Town Law § 60

§ 60. Town board constituted. 1. In every town the supervisor and the\ntown councilmen shall constitute the town board and shall be vested with\nall the powers of such a town and shall possess and exercise all the\npowers and be subject to all the duties now or hereafter imposed by law\nupon town boards and town boards of health within such towns; but it is\nnot intended to extend the power of said boards or officers within the\nlimits of any incorporated village or city, or in any manner to abridge\nor interfere with the power and authority of the officers of any such\nvillage or city within its corporate limits, except as otherwise\nprovided by law.\n 2. In any town in which a town justice serves as a member of the town\nboard, such town justice shall continue to serve as a member of the town\nboard until the expiration of his term. Thereafter any town justice\nshall not be a member of the town board and a town councilman shall be\nelected as a member of such town board in place of such town justice\nexcept as otherwise provided by the town board by resolution adopted\npursuant to the provisions of section sixty-a of this chapter.\n