ยง 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 shall hold office for the balance of the
unexpired term. The term of office of an officer appointed to fill a
vacancy in an elective office, shall be until the commencement of the
political year next succeeding the first annual election after the
happening of the vacancy, if the office be made elective by the
constitution, or at which the vacancy can be filled by election, if the
office be otherwise made elective.
Structure New York Laws
Article 3 - Creation and Filling of Vacancies
33-A - Removal of Heads of Departments.
34 - Proceedings for Removal by Governor.
35-A - Removal for Treasonable or Seditious Acts or Utterances.
36 - Removal of Town, Village, Improvement District or Fire District Officer by Court.
37 - Notice of Existence of Vacancy.
38 - Terms of Officers Chosen to Fill Vacancies.
39 - Filling Vacancies in Office of Officer Appointed by Governor and Senate.
40 - Vacancy Occurring in Office of Legislative Appointee, During Legislative Recess.
41 - Vacancies Filled by Legislature.