2012 New York Consolidated Laws
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
32 - Removals by senate.


NY Pub Off L § 32 (2012) What's This?
 
    § 32. Removals  by senate. The governor before making a recommendation
  to the senate for the removal of any officer may in his discretion  take
  proofs, for the purpose of determining whether such recommendation shall
  be made.
    The  comptroller  or attorney-general may be removed by the senate, on
  the recommendation of the governor, for misconduct  or  malversation  in
  office,  if  two-thirds  of  all the members elected to the senate shall
  concur therein. No such removal shall be made unless the person  who  is
  sought  to  be removed shall have been served with a copy of the charges
  against him and have an opportunity of being heard. On the  question  of
  removal, the yeas and nays shall be entered on the journal. The governor
  may  convene  the  senate in extra session for the investigation of such
  charges. The senate shall have power to make such rules as  it  may  see
  fit  for  the  practice  before  it.  At  the  time  appointed  for  the
  investigation, the senate shall proceed to  hear  and  try  the  charges
  against such officer, and may take proofs in relation thereto.
    The  governor  may appoint any suitable person to conduct the trial of
  such charges before the senate.
    An officer appointed by the  governor  by  and  with  the  advice  and
  consent  of the senate, except an officer who is or any or either of the
  officers who are the head of  a  department,  and  except  as  otherwise
  provided  by  special provision of law may be removed by the senate upon
  the recommendation of the governor.
    If the senate shall reject a recommendation of removal  the  secretary
  of  the senate shall, by a writing signed by him and by the president of
  the senate, communicate the fact of such rejection to the governor.   If
  the  senate shall concur in such a recommendation the removal shall take
  effect upon the passage of the resolution of concurrence, and  duplicate
  copies  of  such resolution, certified by the secretary and president of
  the senate, shall be executed and delivered by  such  secretary  to  the
  secretary of state.

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