2006 New York Code - Superintendent Of Banks; Acting Superintendent; Discretion.

 
    § 12.  Superintendent  of banks; acting superintendent; discretion. 1.
  The superintendent of banks shall be the head of the banking department.
  He shall be appointed by the  governor,  by  and  with  the  advice  and
  consent  of  the senate, and shall hold office until the end of the term
  of the governor by whom he was appointed  and  until  his  successor  is
  appointed and has qualified. Within fifteen days from the time of notice
  of  his  appointment,  the  superintendent  shall take and subscribe the
  constitutional oath of office.
    2. The superintendent may, in his discretion,  designate  one  of  his
  deputies to act as superintendent during the superintendent's absence or
  inability  to  act. If the office of superintendent is vacant, or if the
  superintendent's absence or inability to act continues for a  period  of
  more than thirty successive days, the governor may designate a deputy to
  act  as superintendent until the filling of the vacancy or the return or
  recovery of the superintendent.
    3. Whenever in this chapter the superintendent is authorized  but  not
  required  to  take any action or his approval is required as a condition
  precedent to the doing of any act, the taking of  such  action  and  the
  giving of such approval shall be within his sound discretion.  In taking
  any action with respect to any banking organization, and in approving or
  disapproving  any  application  made  by  a  banking  organization,  the
  superintendent shall give due consideration to the policy of  the  state
  of New York as declared in section ten of this chapter.