2006 New York Code - Members; qualifications; not to receive certain civil appointments; acceptance to vacate seat.

 
    § 7. No person shall serve as a member of the legislature unless he or
  she  is  a  citizen  of the United States and has been a resident of the
  state of New York for five years, and, except as  hereinafter  otherwise
  prescribed,  of  the  assembly  or senate district for the twelve months
  immediately preceding his or her  election;  if  elected  a  senator  or
  member   of  assembly  at  the  first  election  next  ensuing  after  a
  readjustment or alteration of the senate or assembly  districts  becomes
  effective,  a  person, to be eligible to serve as such, must have been a
  resident of the county in which  the  senate  or  assembly  district  is
  contained  for  the  twelve  months  immediately  preceding  his  or her
  election. No member of the legislature shall, during the time for  which
  he  or she was elected, receive any civil appointment from the governor,
  the  governor  and  the  senate,  the  legislature  or  from  any   city
  government,  to  an  office  which  shall  have  been  created,  or  the
  emoluments whereof shall have been increased  during  such  time.  If  a
  member  of  the  legislature be elected to congress, or appointed to any
  office, civil or military, under the government of  the  United  States,
  the  state  of New York, or under any city government except as a member
  of the national guard or naval militia of the state, or of  the  reserve
  forces  of the United States, his or her acceptance thereof shall vacate
  his or her seat in the legislature, providing, however, that a member of
  the legislature may be appointed commissioner of deeds or to any  office
  in which he or she shall receive no compensation.