ยง 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. Such a vacancy occurring or existing while the
senate is not in session, including offices in which officers are
holding over pursuant to the provisions of section five of this chapter
or any other law, and offices vacant during the session of the senate,
shall be filled by the governor for a term which shall expire upon the
appointment and qualification of a successor but in any event such term
shall expire at the end of twenty days from the commencement of the next
meeting of the senate.
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.