- 9/4/13 N.Y. St. Reg. No. 2013-4NEW YORK STATE REGISTERVOLUME XXXV, ISSUE 36September 04, 2013OPINIONS OF THE ATTORNEY GENERAL2013-4Town Law § 64(5); Public Officers Law § 42(3); Constitution Article 6, § 17(d)A vacancy created by not placing the position of town justice on the ballot cannot be filled by town board appointment. It can be filled before the November 2013 general election only by special election if the Governor chooses to call for one. The term of the justice will commence January 1, 2014 in either case.June 2013