Daniel Ross wasn't a resident of Fishers Island but wanted to run for a Southold Town Justice seat (which also would have allowed him to serve on the Town Board). After residents sued to keep his name from getting on the ballot, Ross challenged the residency requirement.
The Suffolk County Supreme Court thought that Ross could run for Town Justice if he moved to Fishers Island within 30 days after taking office.
On appeal, the Appellate Division, Second Department, upheld the residency requirement -- because it ensured the residents' unique interests would be appropriately represented. But, it was of the view the Election Law required Ross to be a resident at the start of his term, rather than 30 days thereafter.
Was Southold Town Justice done?
To view a copy of the Appellate Division's decision, please use this link: Matter of Walsh v. Katz