2010 New York Code
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
42 - Filling vacancies in elective offices.

§ 42. Filling  vacancies  in elective offices.  1. A vacancy occurring
  before September twentieth of any year in any office  authorized  to  be
  filled  at  a  general  election,  except  in the offices of governor or
  lieutenant-governor, shall be filled at the general election  held  next
  thereafter,  unless  otherwise  provided  by the constitution, or unless
  previously filled at a special election.
    2. A vacancy occurring by the expiration of term at the end of an even
  numbered year in an office which may not under  the  provisions  of  the
  constitution  be  filled  for  a  full term at the general election held
  prior to the expiration of such term, shall be filled  at  said  general
  election  for  a term ending with the commencement of the political year
  next succeeding the first general election at which said office  can  be
  filled by election for a full term.
    3. Upon the failure to elect to any office, except that of governor or
  lieutenant-governor,  at  a  general  or special election, at which such
  office is authorized to be filled, or upon the death or disqualification
  of a person elected to office before the commencement  of  his  official
  term,  or  upon the occurrence of a vacancy in any elective office which
  cannot be filled by appointment for a period extending to or beyond  the
  next  general  election  at  which  a person may be elected thereto, the
  governor may in his discretion make proclamation of a  special  election
  to  fill  such  office,  specifying  the district or county in which the
  election is to be held, and the day thereof, which  shall  be  not  less
  than thirty nor more than forty days from the date of the proclamation.
    4.  A  special  election  shall  not  be held to fill a vacancy in the
  office of a representative in congress unless such vacancy occurs on  or
  before  the first day of July of the last year of the term of office, or
  unless it occurs thereafter and a special session of congress is  called
  to  meet  before the next general election, or be called after September
  nineteenth of such year; nor to fill a vacancy in the  office  of  state
  senator  or  in  the  office  of  member of assembly, unless the vacancy
  occurs before the first day of April of the last year  of  the  term  of
  office, or unless the vacancy occurs in either such office of senator or
  member  of  assembly after such first day of April and a special session
  of the legislature be called to meet between such first day of April and
  the next general election or be called  after  September  nineteenth  in
  such  year. If a special election to fill an office shall not be held as
  required by law,  the  office  shall  be  filled  at  the  next  general
  election.
    4-a.  If  a vacancy occurs in the office of United States senator from
  this  state  in  any  even  numbered  calendar  year  on  or  after  the
  fifty-ninth  day  prior  to  the  annual primary election, or thereafter
  during said even numbered year, the  governor  shall  make  a  temporary
  appointment  to  fill such vacancy until the third day of January in the
  year following the next even numbered calendar year.   If  such  vacancy
  occurs  in any even numbered calendar year on or before the sixtieth day
  prior to an annual primary election, the governor shall make a temporary
  appointment to fill such vacancy until the third day of January  in  the
  next  calendar  year. If a vacancy occurs in the office of United States
  senator from this state in any odd numbered calendar year, the  governor
  shall  make a temporary appointment to fill such vacancy until the third
  day of January in  the  next  odd  numbered  calendar  year.    Such  an
  appointment  shall  be  evidenced by a certificate of the governor which
  shall be filed in the office of the state board  of  elections.  At  the
  time  for  filing such certificate, the governor shall issue and file in
  the office of the state board of elections a writ of election  directing
  the  election  of  a  United States senator to fill such vacancy for the

unexpired term at the general election next preceding the expiration for
  the term of such appointment.
    5. Whenever the authority to fill any vacancy is vested in a board and
  such  board  is  unable  to  fill  such vacancy in an elective office by
  reason of a tie vote, or such board neglects to fill  such  vacancy  for
  any other reason, the governor may, in his discretion, make proclamation
  of a special election to fill the vacancy.