The Town of Colonie appointed Cunningham who was not a resident of the town to a two year term as Commissioner of Public Works. When challenged the Appellate Division, Third Department held that the existing local law did not supercede the State Public Officers Law sect 3 or Town Law sect. 23 which required the candidate be a town resident. Thereafter, Colonie adopted Local Law 15 which provided that the Commissioner be only a resident of Albany County. When Cunningham was appointed again another appeal followed with a different result. The Court upheld local law 15 and the appointment. Read about this New York Civil Service case here.
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