Section 88. Reduction of number of justices of the peace and election of town councilmen

1. Except in the  town  of  Hector  in  the  county  of
  Schuyler,  and except as hereinafter provided, in any town of the second
  class having more than two justices of the peace there shall be  elected
  at  the  next biennial town election occurring after this act shall take
  effect and at every biennial town election held in such town thereafter,
  one justice of the peace and one town councilman  for  a  term  of  four
  years  each  to  begin  on  the first day of January next succeeding the
  election at which such officers were elected. During the period  between
  the  first  day of January next succeeding the biennial town election at
  which the first town councilman shall be so elected and the first day of
  January next succeeding the biennial town election  at  which  a  second
  town  councilman  shall  be elected, the supervisor, the justices of the
  peace and the town councilman of such town  shall  constitute  the  town
  board thereof. On and after the first day of January next succeeding the
  biennial  town  election  at  which  the second town councilman shall be
  elected, the supervisor, the two justices of the peace and the two  town
  councilmen  shall  constitute such town board.  Nothing herein contained
  shall be construed to abridge  the  term  of  a  justice  of  the  peace
  heretofore elected in any town.
    2.  Notwithstanding the provisions of subdivision one of this section,
  the town board of any town of the second class  to  which  this  section
  shall  apply  may, by resolution, direct that at the first biennial town
  election held after this act shall take effect, there shall  be  elected
  two  town  councilmen  (but  no  justices  of the peace except to fill a
  vacancy) for a term of four years each to begin  on  the  first  day  of
  January  next  succeeding  the  election  at  which  such  officers were
  elected, instead of one justice of the peace and  one  town  councilman;
  and  on  and after the first day of January next succeeding the biennial
  town election at which such town councilmen  shall  be  so  elected  the
  supervisor,  the  justices  of  the peace and the two town councilmen of
  such town shall constitute the town  board  thereof.  At  each  biennial
  election  at  which  no  town  councilmen  are elected (except to fill a
  vacancy) two justices of the peace shall be elected for a term  of  four
  years  each  beginning  on the first day of January next succeeding such
  election.
    3. Notwithstanding the provisions of subdivision one of this  section,
  the  town  board  of  any town of the second class to which this section
  shall apply may, by resolution, direct that at the first  biennial  town
  election  held  after this act shall take effect, there shall be elected
  two justices of the peace for a term of four years each to begin on  the
  first day of January next succeeding the election at which such officers
  were  elected,  instead  of  one  justice  of  the  peace  and  one town
  councilman; and on and after the first day of  January  next  succeeding
  the  biennial town election at which such justices of the peace shall be
  so elected the supervisor and the justices of the peace shall constitute
  the town board thereof. At the next biennial  election  thereafter,  two
  town councilmen shall be elected for a term of four years each, in place
  of  the two justices of the peace whose terms shall next expire, and the
  town board shall thereafter consist of the supervisor, two  justices  of
  the peace and two town councilmen.
    4.  The  provisions  of  this section, however, shall not apply to the
  town of Islip in the county of Suffolk and, in such town, four  justices
  of  the  peace  shall  continue  to be elected in accordance with former
  provisions of law and the supervisor and the four justices of the  peace
  shall continue to constitute the town board of such town.