# Informal Opinion No.

> New York Attorney General Reports · December 29, 1988

URL: https://www.frixlaw.com/law-library/cases/3574495

## Case

- **Full name:** Robert E. Seydel, Esq.
- **Court:** New York Attorney General Reports
- **Decided:** December 29, 1988
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3574495

## Opinion text

Robert E. Seydel, Esq. Village Attorney, Sinclairville
You have asked whether a village board of trustees may appoint one of its own members to fill a vacancy in the office of mayor.
Vacancies in the office of mayor are to be filled temporarily by appointment by the board of trustees (Village Law, § 3-312
[3]). You are aware that the Village Law specifically states that a village trustee is eligible for appointment to fill a vacancy in the office of mayor but if appointed may not continue to serve as trustee ( id., § 3-312 [5]). Your concern, however, is that this provision is inconsistent with the common law rule in the case of Wood v Town of Whitehall, 120 Misc. 124 [Sup Ct, Washington Co, 1923], affd 206 App. Div. 786 [3d Dept, 1923]).
Under the Whitehall decision, a board may not appoint one of its members to a public office. The court based its decision on considerations of public policy, i.e., to maintain the impartiality of the appointing body (1985 Op Atty Gen [Inf] 82). The Legislature, in enacting section 3-312
(5) of the Village Law, has specifically overridden the Whitehall
doctrine to permit a trustee to be appointed to fill a vacancy in the office of mayor. In our view, however, a trustee should recuse himself from participating in any deliberations of the village board on the appointment should he be a nominee to fill the vacancy.
We conclude that a member of a village board of trustees may be appointed to fill a vacancy in the office of mayor.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3574495. Public record. Not legal advice.