In Matter of Dupras v. County of Clinton, 213 AD2d 952 [3d Dept 1995]), respondent, who was employed as a senior clerk by the Clinton County Board of Elections, was appointed to complete the unexpired term of her late husband on the Clinton County Legislature. Faced with a challenge to her occupation of the two positions, the court concluded that: "Here, the incompatibility is readily apparent since in her legislative capacity [respondent] will be in a position to vote upon the budget and personnel of the Board of Elections, as well as the salary of the commissioners who are her supervisors and who may remove her at their pleasure" (id. at 953).