ยง 13. Notice of neglect to file oath or undertaking. The officer or
body making the appointment or certificate of election of a public
officer shall, if the officer be required to give an official
undertaking to be filed in an office other than that in which the
written appointment or certificate of election is to be filed, forthwith
give written notice of such appointment or election to the officer in
whose office the undertaking is to be filed. If any officer shall
neglect, within the time required by law, to take and file an official
oath, or execute and file an official undertaking, the officer, with
whom or in whose office such oath or undertaking is required to be
filed, shall forthwith give notice of such neglect, if of an appointive
officer, to the authority appointing such officer; if of an elective
officer, to the officer, board or body authorized to fill a vacancy in
such office, if any, or if none and a vacancy in the office may be
filled by a special election, to the officer, board or body authorized
to call or give notice of a special election to fill such vacancy;
except that the notice of failure of a justice of the peace to file his
official oath, shall be given to the town clerk of the town for which
the justice was elected.
Structure New York Laws
Article 2 - Appointment and Qualification of Public Officers
3 - Qualifications for Holding Office.
3-B - Special Peace Officers to Be Citizens; Other Residency Requirements.
3-C - Restrictions Upon Nomination or Election to Compensated Federal, State or Local Office.
4 - Commencement of Term of Office.
5 - Holding Over After Expiration of Term.
6 - Mode of Choosing State Officers if Not Otherwise Provided.
7 - Appointment by the Governor and Senate.
9 - Deputies, Their Appointment, Number and Duties.
12 - Force and Effect of Official Undertaking.
13 - Notice of Neglect to File Oath or Undertaking.
14 - Effect of Consolidation on Terms of Office.
15 - Validation of Official Acts Performed Before Filing Official Oath or Undertaking.
16 - Qualifications of Certain Judicial Officers in Cities of the First Class.
17 - Defense and Indemnification of State Officers and Employees.
18 - Defense and Indemnification of Officers and Employees of Public Entities.
19 - Reimbursement of Defense Costs Incurred by or on Behalf of State Employees.