Matter of Brayman v. Stevens

In Matter of Brayman v. Stevens (20 NY2d 868, 231 NE2d 787, 285 NYS2d 97 [1967]), the Court of Appeals determined that a county officer was prohibited from also serving as a town supervisor under the restrictions imposed by County Law 411. This ruling was made notwithstanding the fact that a Dutchess County local law, enacted as part of the county's "reorganization necessitated by reapportionment" (Matter of Brayman v. Stevens, 54 Misc 2d 974, 975, 283 NYS2d 933 [1967]) created a "County Board of Representatives" and authorized such dual office holding. The court effectively determined that since County Law 411 was a "general law" it could not be superceded by local law (id. at 978; see Shilbury v. Board of Supervisors of County of Sullivan, 54 Misc. 2d 979, 980-981, 284 NYS2d 124 [1967]).