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