N.Y. TWN Law § 60

§ 60. Town board constituted. 1. In every town the supervisor and the\ntown council members shall constitute the town board and shall be vested\nwith all the powers of such a town and shall possess and exercise all\nthe powers and be subject to all the duties now or hereafter imposed by\nlaw upon town boards and town boards of health within such towns; but it\nis not intended to extend the power of said boards or officers within\nthe limits of any incorporated village or city, or in any manner to\nabridge or interfere with the power and authority of the officers of any\nsuch village 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 their term. Thereafter any town justice\nshall not be a member of the town board and a town council member shall\nbe elected 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 article.\n