N.Y. Village Law Section 4-400


It shall be the responsibility of the mayor:


To preside at the meetings of the board of trustees, and may have a vote upon all matters and questions coming before the board and he shall vote in case of a tie, however on all matters and questions, he shall vote only in his capacity as mayor of the village and his vote shall be considered as one vote;


to provide for the enforcement of all laws, local laws, rules and regulations and to cause all violations thereof to be prosecuted;


(i) to appoint all department and non-elected officers and employees subject to the approval of the board of trustees however, the mayor may delegate the power to appoint certain employees to other village officers or employees;


to appoint the clerk of the court of the village, if the village has a court, only upon the advice and consent of the village justice or justices notwithstanding the provisions of subparagraph (i) of this paragraph.


to institute, at the direction of the board of trustees, all civil actions in the corporate name of the village;


to exercise supervision over the conduct of the police and other subordinate officers of the village;


to intervene in any and all actions, at the direction of the board of trustees, where deemed necessary to protect the rights of the village and its inhabitants;


to serve as an ex-officio member of each separate board of commissioners;


to appoint one of the trustees as deputy mayor at the annual meeting, who, during the absence or inability of the mayor, is vested with all the powers and may perform all the duties of the mayor;


to execute all contracts in the name of the village;


to sign orders to pay claims with the village clerk or deputy village clerk when authorized by the board of trustees when the same individual serves as both clerk and treasurer or deputy clerk and deputy treasurer;


to sign checks in the absence or inability of the treasurer or deputy treasurer, if any, when authorized by the board of trustees by resolution, or local law, and a certified copy of such resolution or local law shall be notice to the depository of such authorization;


to cause all claims to be thoroughly investigated and for such purpose he shall have the power to issue subpoenas to compel the attendance of the claimant or any other person or persons to appear, to be sworn or affirmed and to testify before him or the village clerk or the village counsel relative to such claim, and when so sworn or affirmed to answer as to any facts relative to the justness of such claim. The result of such examination shall be reported to the board of trustees. Subpoenas issued pursuant to this section may be served at any place within the state of New York in the same manner in which subpoenas issued out of the supreme court are served. This subsection shall not be applicable to claims which are included within the provisions of General Municipal Law § 50-H (Examination of claims)section fifty-h of the general municipal law.


to issue all licenses and for such purpose shall be the “licensing officer” unless he designates another village officer which designation shall be filed with the village clerk.


If the mayor and deputy mayor are both absent or unable to perform the duties of the office, the trustees shall appoint one of their number to act as deputy mayor during the absence or inability of the mayor and deputy mayor appointed by him.

Source: Section 4-400 — Mayor, https://www.­nysenate.­gov/legislation/laws/VIL/4-400 (updated Sep. 22, 2014; accessed Jul. 6, 2024).

Jul. 6, 2024

Last modified:
Sep. 22, 2014

§ 4-400’s source at nysenate​.gov

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