Colonie Town Attorney Mike Magguilli said that Jack Cunningham is no longer commissioner of the town’s Department of Public Works.
After a decision from the State of New York’s Appellate Court ruled that Cunningham’s appointment was invalid due to his residence being outside of the town, Magguilli said the town took a practical response. But Cunningham could be reappointed if the town adopts a resolution on Thursday to extend the residency requirements to Albany County.
What will happen is he will be reappointed retroactively to March 31, he said. `This lawsuit accomplished nothing.`
Magguilli said this will not only affect Colonie but also other towns in the third judicial district.
`Everyone is probably scrambling through their employee list to see who is affected,` he said.
He said that while the town Republicans are claiming the decision as a victory, he said it did not give the Mahan’s administration the black eye they thought it would.
`One reason never understood this lawsuit, they had to know that the town has always had the authority to amend the local law with respect to residency,` he said.
When exactly the court’s decision goes into effect is something the town is continuing to research, Magguilli said.“