2013 New York Consolidated Laws
CNT - County
Article 8 - (400 - 411) OFFICERS; GENERAL PROVISIONS
403 - Official undertakings.

 
    §  403. Official undertakings. The county clerk, the county treasurer,
  the district attorney, the sheriff, such county  officers  as  shall  be
  specially  required  by  law,  and  such other county officers as may be
  required by local law or resolution of the board of supervisors,  shall,
  before  entering  upon  the  duties  of  his office, execute an official
  undertaking as provided in section eleven of the  public  officers  law,
  except  as  otherwise  provided  by  law. The amount of such undertaking
  shall be fixed by the board of supervisors and approved by such board if
  in session and if not  in  session  by  the  county  clerk,  except  the
  undertaking  of  the  county  clerk  shall  be  approved by the board of
  supervisors if in session and if not in session by the county judge. The
  undertaking of the county clerk shall name the county and the people  of
  the  state  of New York as obligees and shall include any liability with
  respect to the mortgage tax.
    When in the opinion of the  board  of  supervisors  the  sureties  are
  deemed  insufficient  and  the  money  and property of the county may be
  unsafe, such board may direct  a  further  undertaking  upon  ten  days'
  notification  thereof  in writing and such officer shall not perform any
  duties nor be entitled to compensation until such further undertaking is
  furnished.  All elective and appointive county officers shall give  such
  other undertakings as may be required by law.
    The board of supervisors or any county officer shall have the power to
  demand the giving of an undertaking by subordinates or employees, as may
  be deemed necessary. Any default or misfeasance in office on the part of
  any  such  subordinate  or  employee  shall  be  deemed  a breach of the
  undertaking of the county officer appointing him as well as a breach  of
  the undertaking furnished by such subordinate or employee.
    The  neglect  to furnish and file any such undertaking within the time
  prescribed by law, except in the cases of the sheriff, county clerk  and
  district attorney, shall be deemed a refusal to serve and the office may
  be  filled  as in the case of a vacancy. Until the sheriff, county clerk
  or district attorney shall execute and file the required undertaking, he
  shall not perform any duties of the  office,  nor  be  entitled  to  any
  compensation.
    The  board of supervisors shall cause an action to be brought upon any
  breach of the conditions of any such undertaking.