2006 New York Code - Succession To Certain City Offices.

 
    § 2-a. Succession  to  certain city offices. 1. In every city in which
  the mayor and president or presiding officer of  the  local  legislative
  body  are elected at the same time and for the same term by the electors
  of the entire city, in case of the removal from office of the mayor, his
  death, inability to discharge the  powers  and  duties  of  the  office,
  resignation  or  absence  from  the  city,  the powers and duties of the
  office shall devolve upon such president or presiding  officer  for  the
  residue  of  the  term  or  until the disability shall cease.   When the
  powers and duties of  the  office  of  mayor  shall  devolve  upon  such
  president  or  presiding  officer  for the residue of the term, he shall
  serve as and be the mayor.
    In case the person elected  mayor  shall  die,  or  become  unable  to
  discharge  the  powers  and duties of the office, after his election but
  before he shall have qualified as and assumed the office of  mayor,  the
  powers  and  duties of the office of mayor shall devolve upon the person
  elected as such president or presiding officer at the same election  and
  he  shall serve as and be the mayor for the term for which the mayor was
  elected.
    This subdivision shall not affect the operation of  any  provision  of
  law which limits or restricts the exercise by the president or presiding
  officer of the powers and duties of the mayor during a limited period of
  either  absence  of the mayor from the city or inability of the mayor to
  perform his powers and duties.
    2. In every such city, in case of  the  removal  from  office  of  the
  president  or  presiding  officer, his death, inability to discharge the
  powers and duties of the office, resignation, absence from the  city  or
  when  he shall serve as and be the mayor as provided in subdivision one,
  the powers and duties of the office shall devolve upon the president pro
  tempore or vice-chairman for the  residue  of  the  term  or  until  the
  disability  shall  cease.  When  the  powers and duties of the office of
  president or presiding officer shall devolve  upon  such  president  pro
  tempore  or vice-chairman for the residue of the term, he shall serve as
  and be the president  or  presiding  officer.  The  provisions  of  this
  subdivision  shall  apply  to cities in which the president or presiding
  officer of the local legislative body is elected at the  same  time  and
  for  the  same  term  as  the  member  selected  by  such body to be its
  president pro tempore or vice-chairman.
    This subdivision shall not affect the operation of  any  provision  of
  law  which limits or restricts the exercise by the president pro tempore
  or vice-chairman of the powers and duties of the president or  presiding
  officer  during  a  limited period of either absence of the president or
  presiding officer from  the  city  or  inability  of  the  president  or
  presiding officer to perform his powers and duties.
    3.  The provisions of this section shall apply notwithstanding section
  thirty of the public officers law or any inconsistent provisions of,
    a. any general or special law, or
    b. any local law, ordinance, or city charter, heretofore or  hereafter
  adopted,  except that a city charter provision in effect before November
  fifth, nineteen hundred seventy-five which provides for a vacancy in the
  office of mayor to be filled in at the  next  general  election  if  the
  vacancy  occurs  before  the twentieth day of September and otherwise in
  the general election held in the following year shall prevail over  this
  section and a vacancy in the office of mayor shall be filled as provided
  in such a charter provision.