2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
232-C - Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent.

 
    §  232-c.  Holding  over by a tenant after expiration of a term longer
  than one month; effect of acceptance of rent. Where a tenant whose  term
  is  longer  than one month holds over after the expiration of such term,
  such holding over shall not give to the landlord the option to hold  the
  tenant  for a new term solely by virtue of the tenant's holding over. In
  the case of such a holding over by the tenant, the landlord may proceed,
  in any manner permitted by  law,  to  remove  the  tenant,  or,  if  the
  landlord  shall  accept rent for any period subsequent to the expiration
  of such term, then, unless an agreement either  express  or  implied  is
  made  providing otherwise, the tenancy created by the acceptance of such
  rent shall be a tenancy from month to month commencing on the first  day
  after the expiration of such term.