2012 New York Consolidated Laws
PBO - Public Officers
Article 5 - (80) DELIVERY OF PUBLIC BOOKS
80 - Delivery of books and papers, money and property.


NY Pub Off L § 80 (2012) What's This?
 
    § 80. Delivery  of  books  and  papers,  money  and property. A public
  officer shall demand from his predecessor in office  or  any  person  in
  whose  possession  they  may be, a delivery to such officer of all books
  and papers, money and property belonging or appertaining to such office.
  If such demand is refused, such officer may make  complaint  thereof  to
  any justice of the supreme court of the district, or to the county judge
  of  the  county in which the person refusing resides. If such justice or
  judge be satisfied that such books or papers,  money  and  property  are
  withheld,  he shall grant an order directing the person refusing to show
  cause before him at a time specified therein, why he should not  deliver
  the  same.  At  such  time,  or  at  any time to which the matter may be
  adjourned, on proof of the due service of the  order,  such  justice  or
  judge  shall  proceed  to  inquire into the circumstances. If the person
  charged with withholding such books or papers, money and property  makes
  affidavit  before  such  justice  or  judge that he has delivered to the
  officer all books and papers, money and property in his  custody  which,
  within his knowledge, or to his belief belong or appertain thereto, such
  proceedings before such justice or judge shall cease, and such person be
  discharged.  If  the person complained against shall not make such oath,
  and it appears that any such books or papers,  money  and  property  are
  withheld  by  him,  such justice or judge shall commit him to the county
  jail until he delivers such books and papers, money and property, or  is
  otherwise  discharged according to law. On such commitment, such justice
  or judge, if required by the complainant, shall also issue  his  warrant
  directed  to  any sheriff or constable, commanding him to search, in the
  daytime, the places designated therein, for such books and papers, money
  and property, and to bring them before such justice  or  judge.  If  any
  such  books  and  papers,  money and property, are brought before him by
  virtue of such warrant, he shall determine  whether  they  appertain  to
  such  office,  and  if  so  shall  cause  them  to  be  delivered to the
  complainant.

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