(1) If such person was appointed as a member of such police force
prior to July first, nineteen hundred sixty-one, shall reside in any
such county on such date and shall continue to reside in any such county
after such date, or
(2) If the police force of which he is a member consists of two
hundred or more full-time members or shall have consisted of two hundred
or more full-time members when, as a member of such police force, he
shall have resided in such county and shall continue to reside in any
such county thereafter, or
(3) If the police force of which he is a member consists of less than
two hundred full-time members; provided, however, that the local
legislative body of such political subdivision or municipal corporation
having such police force shall have power to adopt and amend local laws,
ordinances or resolutions of general application requiring members of
such police force, other than those members covered by paragraph one or
paragraph two of this subdivision, to reside in such political
subdivision or municipal corporation, or permitting them to reside in
specified areas of such counties or within specified distances from the
political subdivision or municipal corporation provided such local
legislative body shall determine that a police officer may respond
therefrom promptly and be available to render active service in such
political subdivision or municipal corporation.
4-a. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, creating a vacancy in a local office of a political
subdivision or municipal corporation if the incumbent thereof ceases to
be a resident of such political subdivision or municipal corporation,
shall apply in the case of a member of the department of sanitation of
any municipality who resides in a county within the state contiguous to
such municipality.
4-b. Except as otherwise provided in subdivision five of this section,
neither the provisions of this section, nor of any general, special or
local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation shall
apply to the appointment or continuance in office or position of an
officer or member of a paid fire department in any political subdivision
or municipal corporation of the state, if such person resides in the
county, or one of the counties, in which such political subdivision or
municipal corporation is located.
5. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case of a paid member of the uniformed force of a paid fire
department, who, for purposes of this section shall include persons
employed as fire alarm dispatchers, or in the case of a person employed
in a department of correction in the correction service of the
classified civil service, or in the case of a member of the department
of sanitation of any political subdivision or municipal corporation who
has five or more years of service, or in the case of officers and
inspectors employed in a department of health of a city of over one
million population, or in the case of a member of the department of
sanitation in a city with a population of one million or more who has
two or more years of service to such city who resides (a) in the county
in which said city is located; or (b) in a county within the state
contiguous to the county in which said city is located; or (c) in a
county within the state contiguous to such city; or (d) in a county
within the state which is not more than fifteen miles from said city; or
(e) in a county within the state contiguous to a county described in
item (d) hereof where the former is less than thirty miles from such
political subdivision or municipal corporation, measured from their
respective nearest boundary lines.
5-a. Any person who resides in this state and who is currently
employed as a member of the police force, a paid member of the uniformed
force of a paid fire department, or department of corrections in the
correctional service classification of the classified civil service, of
a city of over one million population, shall be exempt from the
provisions of paragraph (d) of subdivision one and subdivisions four and
five of this section upon compliance with the procedure set forth in
this subdivision. Any person seeking to benefit from the exemption
created by this subdivision shall notify his respective employer in
writing of said intention within thirty days from the effective date of
this subdivision and shall specify his then current residence address.
The exemption created by this subdivision shall be applicable only to
said actual designated residence and not to any residence that any
subject currently employed member may thereafter establish; provided,
however, that any such currently employed member who resides outside
this state shall have one year from the effective date of this
subdivision within which to establish residence as required pursuant to
paragraph (d) of subdivision one, and subdivisions four and five of this
section and comply with the notice requirements of this subdivision.
Said residence shall constitute a lawful residence for all purposes
notwithstanding any provision to the contrary of any general, special or
local law, charter, code, ordinance, resolution, rule or regulation.
6. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case of appointed public officers in the city of Troy, except the
city manager of such city, who reside in the county of Rensselaer.
7. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation, shall
apply in the case of the city court judge in the city of Hudson,
provided that such person resides in the county in which such city is
located.
8. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation, shall
apply in the case of a person holding the office of deputy sheriff in
the county of Nassau, provided that such person resides in Nassau county
or any adjoining county within New York state.
Structure New York Laws
Article 3 - Creation and Filling of Vacancies
33-A - Removal of Heads of Departments.
34 - Proceedings for Removal by Governor.
35-A - Removal for Treasonable or Seditious Acts or Utterances.
36 - Removal of Town, Village, Improvement District or Fire District Officer by Court.
37 - Notice of Existence of Vacancy.
38 - Terms of Officers Chosen to Fill Vacancies.
39 - Filling Vacancies in Office of Officer Appointed by Governor and Senate.
40 - Vacancy Occurring in Office of Legislative Appointee, During Legislative Recess.
41 - Vacancies Filled by Legislature.