§ 15. Validation of official acts performed before filing official
oath or undertaking. If a public officer, duly chosen, has heretofore
entered, or shall hereafter enter on the performance of the duties of
his or her office, without taking or filing an official oath, or
executing or filing an official undertaking, as required by the
constitution, section ten of this article, section twenty-five of the
town law or section one hundred four of the uniform justice court act,
or by any general or special law, his or her acts as such officer, so
performed, shall be as valid and of as full force and effect as if such
oath had been duly taken and filed, and as if such undertaking had been
duly executed and filed, notwithstanding the provisions of any general
or special law declaring any such office vacant, or authorizing it to be
declared vacant, or to be filled as in case of vacancy, or imposing any
other forfeiture or penalty for omission to take or file any such oath,
or to execute or file any such undertaking; but this section shall not
otherwise affect any provision of any general or special law, declaring
any such office vacant, or authorizing it to be declared vacant, or to
be filled as in case of vacancy, or imposing any other forfeiture or
penalty, by reason of the failure to take or file any such oath or to
execute or file any such undertaking; and this section shall not relieve
any such officer from criminal liability for entering on the discharge
of his or her official duties without taking or filing such oath or
executing or filing such undertaking in accordance with such provisions.
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.