ยง 302. How  chosen.  The commissioner of education shall be elected by
  a majority vote of the regents.  Residence without the state of New York
  shall not disqualify him from election.
Structure New York Laws
Article 7 - Commissioner of Education
301 - Commissioner of Education Continued.
305 - General Powers and Duties.
306 - Removal of School Officers; Withholding Public Money.
307 - Acquisition of Real Property.
309 - Schools of Union Free School Districts and Cities.
309-A - Twenty-First Century Schools Program.
310 - Appeals or Petitions to Commissioner of Education and Other Proceedings.
311 - Powers of Commissioner Upon Appeals or Petitions, Et Cetera.
312 - Filed Papers and Copies Thereof.
313 - Unfair Educational Practices.
314 - State Plan for School District Reorganization
316 - Teacher Resource and Computer Training Centers.