US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » PBO - Public Officers » Article 3 - Creation and Filling of Vacancies

30 – Creation of Vacancies.

§ 30. Creation of vacancies. 1. Every office shall be vacant upon the happening of one of the following events before the expiration of the term thereof: a. The death of the incumbent; b. His resignation; c. His removal from office; d. His ceasing to be an inhabitant of the state, or if he be […]

31 – Resignations.

§ 31. Resignations. 1. Public officers may resign their offices as follows: a. The governor, lieutenant-governor, comptroller and attorney-general, to the legislature; b. All officers appointed by the governor alone, or by him with the consent of the senate, to the governor; c. Senators and members of assembly, to the presiding officers of their respective […]

32 – Removals by Senate.

§ 32. Removals by senate. The governor before making a recommendation to the senate for the removal of any officer may in his discretion take proofs, for the purpose of determining whether such recommendation shall be made. The comptroller or attorney-general may be removed by the senate, on the recommendation of the governor, for misconduct […]

33 – Removals by Governor.

§ 33. Removals by governor. 1. An officer appointed by the governor for a full term or to fill a vacancy, whose appointment is not required by law to be made by and with the advice and consent of the senate, any county treasurer, any county superintendent of the poor, any register of a county […]

33-A – Removal of Heads of Departments.

§ 33-a. Removal of heads of departments. Any officer who is, or any or either of the officers who are, the head of a department, if appointed by the governor by and with the advice and consent of the senate, may be removed from office by the governor whenever in his judgment the public interest […]

34 – Proceedings for Removal by Governor.

§ 34. Proceedings for removal by governor. 1. In any proceeding for the removal by the governor of a public officer, he may conduct an investigation into the charges, and may take the evidence as to the truth of the charges at a hearing for such purpose, or he may direct that such investigation or […]

35 – Removals From Office.

§ 35. Removals from office. Every removal of an officer by one or more state officers, shall be in written duplicate orders, signed by the officer, or by all or a majority of the officers, making the removal, or if made by a body or board of state officers may be evidenced by duplicate certified […]

35-A – Removal for Treasonable or Seditious Acts or Utterances.

§ 35-a. Removal for treasonable or seditious acts or utterances. A person holding any public office shall be removable therefrom, in the manner provided by law, for the utterance of any treasonable or seditious word or words or the doing of any treasonable or seditious act or acts during his term.

36 – Removal of Town, Village, Improvement District or Fire District Officer by Court.

§ 36. Removal of town, village, improvement district or fire district officer by court. Any town, village, improvement district or fire district officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made […]

37 – Notice of Existence of Vacancy.

§ 37. Notice of existence of vacancy. When a judgment shall be rendered by any court convicting an officer of a felony, or of a crime involving a violation of his oath of office, or declaring the election or appointment of any officer to be void, or that the office of any officer has been […]

38 – Terms of Officers Chosen to Fill Vacancies.

§ 38. Terms of officers chosen to fill vacancies. If an appointment of a person to fill a vacancy in an appointive office be made by the officer, or by the officers, body or board of officers, authorized to make appointment to the office for the full term, the person so appointed to such vacancy […]

39 – Filling Vacancies in Office of Officer Appointed by Governor and Senate.

§ 39. Filling vacancies in office of officer appointed by governor and senate. A vacancy which shall occur during the session of the senate, in the office of an officer appointed by the governor by and with the advice and consent of the senate, shall be filled in the same manner as an original appointment. […]

41 – Vacancies Filled by Legislature.

§ 41. Vacancies filled by legislature. When a vacancy occurs or exists, other than by removal, in the office of comptroller or attorney-general, or a resignation of either such officer to take effect at any future day shall have been made while the legislature is in session, the two houses thereof, by joint ballot, shall […]

42 – Filling Vacancies in Elective Offices.

§ 42. Filling vacancies in elective offices. 1. A vacancy occurring three months before the general election in any year in any office authorized to be filled at a general election, except in the offices of governor or lieutenant-governor, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, […]

43 – Filling Other Vacancies.

§ 43. Filling other vacancies. If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election. But if the term of […]