ยง 40. Vacancy occurring in office of legislative appointee, during
legislative recess. When a vacancy shall occur or exist, otherwise than
by expiration of term, during the recess of the legislature, in the
office of any officer appointed by the legislature, the governor shall
appoint a person to fill the vacancy for a term which shall expire at
the end of twenty days from the commencement of the next meeting of the
legislature.
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.