2006 New York Code - Surrogates, New York County; Vacancies.

 
    §  180. Surrogates, New York county; vacancies. When the official term
  of either surrogate of New York county will expire at the close  of  any
  year by the effluxion of time or the disability of age, the successor of
  each  surrogate  shall  be  chosen  at  the  preceding general election.
  Vacancies otherwise occurring shall be filled for a  full  term  at  the
  next  general  election  happening not less than three months after such
  vacancy occurs; and until any such  vacancy  shall  be  so  filled,  the
  governor, by and with the advice and consent of the senate if the senate
  shall  be  in  session,  may appoint and fill such vacancy, or if not in
  session the governor  may  appoint  and  fill  such  vacancy.  Any  such
  appointment  shall continue until and including the last day of December
  next after the election at which the vacancy shall be filled.