2013 New York Consolidated Laws
VIL - Village
Article 3 - (3-300 - 3-312) OFFICERS AND ELECTIONS
3-312 - Filling of offices and vacancies by election or appointment.

 
    §  3-312  Filling of offices and vacancies by election or appointment.
  1.  Elective offices shall be filled at  the  general  village  election
  next preceding the expiration of the terms thereof.
    2.   Appointive   offices  shall  be  filled  at  the  annual  meeting
  immediately following the expiration of the terms  thereof  or,  in  the
  case  of  newly  established  offices,  at the time of the establishment
  thereof.
    3. Vacancies in offices caused other than by expiration of  the  terms
  thereof  shall  be filled by the mayor, except the office of mayor which
  shall be filled by the board of trustees, to  the  extent  and  for  the
  periods of time set forth herein:
    a. In appointive offices for the balance of unexpired terms
    b. In elective offices as follows:
    (1)  If  such  vacancy  occurs at least seventy-five days prior to the
  third Tuesday of the month preceding the end  of  the  current  official
  year, for the balance of such year.
    (2)  If  such  vacancy occurs less than seventy-five days prior to the
  third Tuesday of the month preceding the end  of  the  current  official
  year,  for  the  balance of the year and, if the term of office does not
  expire at the end of such year, by further appointment to the end of the
  next official year.
    4. Elective offices, which have been filled by appointment for part of
  the unexpired terms thereof shall further be filled  for  the  remaining
  part  of such terms by election at the general village election, if any,
  regularly scheduled to be held prior to the end of the  period  of  such
  appointment.  In  the  event no general village election is scheduled, a
  special village election shall be held on the third Tuesday of the month
  preceding the end of  the  period  of  such  appointment.  Such  special
  elections  shall  be noticed, held and conducted in the same manner as a
  general village election.
    5. A village trustee shall be  eligible  for  appointment  to  fill  a
  vacancy  in  the  office  of  mayor.  If  a  trustee  shall  accept such
  appointment, his office as trustee shall be vacant.
    6. The village clerk shall, within three days after the appointment of
  a village officer, notify each person so appointed  of  his  appointment
  and  the  date thereof, and that, in order to qualify: he is required to
  file his oath of office with such clerk together with proof by affidavit
  of his eligibility to hold such office before entering upon  the  duties
  thereof;  and  if an official undertaking be required by or in pursuance
  of law, that he is also required to file the same with  such  clerk  and
  that  upon  his failure to do so, he will be deemed to have declined the
  office. In the case of a person appointed  to  fill  a  vacancy  in  the
  position of village justice or acting village justice, such notice shall
  further  state  that the filing of his oath with the county clerk of the
  county and with the chief administrator of the courts is also  required.
  If  an  undertaking is required of a village officer after entering upon
  the duties of his office, the clerk of the village shall thereupon serve
  upon such officer, personally, a written notice that he is  required  to
  file  such  undertaking with the clerk within ten days after the service
  of the notice and that upon his failure to do so his office will  become
  vacant.