2012 New York Consolidated Laws
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
31 - Resignations.


NY Pub Off L § 31 (2012) What's This?
 
    § 31. Resignations.  1.  Public  officers  may resign their offices as
  follows:
    a.    The    governor,    lieutenant-governor,     comptroller     and
  attorney-general, to the legislature;
    b.  All  officers  appointed by the governor alone, or by him with the
  consent of the senate, to the governor;
    c. Senators and members of assembly,  to  the  presiding  officers  of
  their respective houses;
    d.  Judges  and  justices  of  the  unified court system, to the chief
  administrator of the courts;
    e. Sheriffs,  county  clerks,  district  attorneys  and  registers  of
  counties, to the governor;
    f. Every other county officer, to the county clerk;
    g. Every town officer, to the town clerk;
    h. The officer of any other municipal corporation, to the clerk of the
  corporation;
    i. United States senators, to the secretary of state.
    j.  Representatives in the House of Representatives of the Congress of
  the United States, to the secretary of state.
    k. Every other appointive officer, where  not  otherwise  provided  by
  law,  to  the body, board or officer that appointed him, and every other
  elective officer, where not otherwise provided by law, to the  secretary
  of state.
    2.  Every  resignation shall be in writing addressed to the officer or
  body to whom it is made. If no  effective  date  is  specified  in  such
  resignation,  it  shall  take effect upon delivery to or filing with the
  proper officer or body. If  an  effective  date  is  specified  in  such
  resignation,  it  shall  take  effect  upon the date specified, provided
  however, that in no event shall the effective date of  such  resignation
  be  more  than  thirty  days  subsequent  to the date of its delivery or
  filing; except that the effective date of the resignation of a judge  or
  justice  of the unified court system may be up to ninety days subsequent
  to the date on which such  resignation  is  delivered  or  filed.  If  a
  resignation  specifies  an  effective date that is more than thirty days
  subsequent to the date of its delivery or filing, or  more  than  ninety
  days  subsequent  thereto  where  such resignation is that of a judge or
  justice, such resignation shall  take  effect  upon  the  expiration  of
  thirty  days  from  the  date  of  its  delivery  or filing, or upon the
  expiration of ninety days therefrom, as appropriate.
    3. A resignation addressed to an officer shall be delivered to him  at
  his place of business or filed in his office.
    A resignation addressed to the legislature or to the presiding officer
  of  either  house  thereof,  shall  be  delivered  to and filed with the
  secretary of state, and he shall forthwith communicate the fact of  such
  resignation  to  the  legislature or to such house, if in session, or if
  not, at its first meeting thereafter.
    A resignation addressed to any other body shall be  delivered  to  the
  presiding officer or clerk of such body, if there be one, and if not, to
  any member thereof, and shall be filed with the clerk, or if there be no
  clerk,  with the other records of such body. A delivery at the office or
  place  of  residence  or  business  of  the  person  to  whom  any  such
  resignation may be delivered shall be a sufficient delivery thereof.
    4.  A resignation delivered or filed pursuant to this section, whether
  effective immediately  or  at  a  specified  future  date,  may  not  be
  withdrawn,  cancelled,  or  amended  except by consent of the officer to
  whom it is delivered or body with which it is filed.
    5. If a resignation from an elective office is  received  pursuant  to
  the   provisions  of  this  section,  the  official  who  receives  such

  resignation shall immediately notify the state board of elections of the
  fact of such resignation and the effective date, if any,  set  forth  in
  such resignation.

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