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Magguilli: 'Jack Cunningham is no longer the commissioner'

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.""

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