Municipal Home Rule Law 10
In Abate v. Mundt (25 NY2d 309, 253 NE2d 189, 305 NYS2d 465 ) the Court of Appeals approved a "two hat" provision premised on the enactment of Municipal Home Rule Law 10 (1) (a) (13) (b) (see L 1969, ch 834, eff May 22, 1969; id. at 317-318).
That provision specifies that "[a] plan of apportionment adopted by a county under this subparagraph may provide that . . . members of the legislative bodies of . . . towns . . . shall be eligible to be elected as members of the county legislative body."
In effect, Municipal Home Rule Law 10 partially superceded County Law 411 (see Ingenito v. Jobson, 153 AD2d 710, 544 NYS2d 878 , lv denied 74 NY2d 609, 544 NE2d 611, 545 NYS2d 692 ).
A month after the amendment of Municipal Home Rule Law 10, the Rensselaer County Board of Supervisors enacted Local Law No. 1 (1969) providing as follows: "For the purposes of elections hereinafter to be held for the office of County Legislator . . . Members of the Legislative Bodies of . . . Towns . . . shall be eligible to be elected as members of the County Legislative Body" (see exhibit a annexed to order to show cause).