Judges: James D. Cole, Assistant Attorney General
Filed Date: 3/14/1994
Status: Precedential
Modified Date: 7/5/2016
Requestor: Gerald S. Jacobs, Esq., Town Attorney Town of Eastchester Town Hall 40 Mill Road Eastchester, N Y 10709
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
In a telephone conversation elaborating on your request for an opinion, you have asked whether the town attorney holds over in office beyond the expiration of his or her term until a new town attorney has been appointed and has qualified for office.
The town board may establish the office of town attorney. Town Law §
Should the town board fail to appoint a town attorney upon the expiration of the term of that office, in our view the current town attorney would hold over under section
We conclude that the town attorney holds over beyond the expiration of his or her term of office until his or her successor has been chosen and has qualified.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.