N.Y. VIL Law § 10-1012

§ 10-1012 Chief and assistant chiefs. 1. The chief and the first and\nsecond assistant chiefs and such additional assistant chiefs, if any, as\nmay be provided for in the by-laws of the fire department shall each be\na member thereof and a resident of the state of New York; provided,\nhowever, that fire department officers of the fire department of the\nvillage of Hancock, Delaware county, need not be residents of the state\nof New York. In addition, the board of trustees, or the board of fire\ncommissioners subject to the approval of the board of trustees, may, by\nresolution, require that any or all of such fire department officers\nshall be residents of the village. The delegates elected to the general\nconvention of the fire department shall meet at the council room thereof\non the Thursday following the first Tuesday in April, except the elected\ndelegates of the fire department of the village of Fishkill, Dutchess\ncounty, which shall meet on the first Tuesday in December, and nominate\na person for each of such offices and except the elected delegates of\nthe fire department of the village of Croton-on-Hudson, Westchester\ncounty, which shall meet on the Thursday following the first Tuesday in\nDecember; but the fire commissioners of any village may adopt a rule\nrequiring all such nominations to be made on the day of the meeting by a\nvote of the duly qualified members of the department, in which case the\nmeeting of the delegates in general convention, as provided for in this\nsection, shall be dispensed with. The person acting as secretary of such\nconvention shall forthwith file in the office of the village clerk a\ncertificate of such nominations. The board of fire commissioners at its\nnext meeting shall consider the nominations and appoint such persons to\nthe offices to which they are respectively nominated or, if a nomination\nis not approved the board shall reconvene the general convention, which\nshall submit a new nomination to take the place of any nomination not\napproved, which procedure shall continue until a full set of officers is\napproved. A person who has been convicted of arson in any degree shall\nnot be eligible for nomination, election or appointment to the office of\nchief or assistant chief. Any fire chief or assistant chief who is\nconvicted of arson in any degree during their term of office shall be\ndisqualified from completing such term of office.\n 2. Notwithstanding the provisions of any general, special or local law\ninconsistent herewith any such chief or assistant chief of a village\nfire department need not be a resident of the village in order to serve\nas a member of the council of the fire department of the village\npursuant to section 10-1014 of this article unless the board of\ntrustees, or the board of fire commissioners subject to the approval of\nthe board of trustees, has, by resolution, as provided in this section,\nrequired that any or all of such fire department officers shall be\nresidents of the village. Except as otherwise provided pursuant to this\nsubdivision, a person shall not hold the office of village mayor or\nvillage trustee and the office of chief or assistant chief of a village\nfire department at the same time. A village trustee who does not, either\nas an individual or as a member of a board, appoint or approve the\nappointment of the chief or assistant chief of a village fire\ndepartment, may hold the office of chief or assistant chief at the same\ntime. Notwithstanding any inconsistent provision of law, a person who is\nthe chief or an assistant chief of a village fire department, if he is\notherwise qualified, may be elected to the office of village mayor or\nvillage trustee or may be appointed to the office of village mayor or\nvillage trustee to fill a vacancy and, if he is so elected or appointed,\nhis office as chief or assistant chief, as the case may be, shall become\nvacant upon his taking his oath of office as village mayor or village\ntrustee.\n