2019 New York Laws
ABC - Alcoholic Beverage Control
Article 2 - Liquor Authority
14 - Vacancies; Quorum.

§ 14. Vacancies;  quorum.  1.  In the event of a vacancy caused by the
death, resignation, removal  or  disability  of  any  commissioner,  the
vacancy  shall  be  filled  by  the  governor by and with the advice and
consent of the senate for the unexpired term.
  2. (a) In the event of a vacancy caused  by  the  death,  resignation,
removal,  or  disability of the chairman, the vacancy shall be filled by
the governor by and with the advice and consent of the  senate  for  the
unexpired  term.  Notwithstanding  any  other  provision  of  law to the
contrary, the governor shall designate one of the commissioners to serve
as acting chairman for a period not to exceed  six  months  or  until  a
successor  chairman  has  been  confirmed by the senate, whichever comes
first. Upon the expiration of the six month term, if  the  governor  has
nominated  a  successor  chairman, but the senate has not acted upon the
nomination, the acting chairman can continue to serve as acting chairman
for an additional ninety days or until the governor's successor chairman
nomination is confirmed by the senate, whichever comes first.

(b) The governor shall provide immediate written notice to the temporary president of the senate of the designation of a commissioner as acting chairman.

(c) If (i) the governor has not nominated a successor chairman upon the expiration of the six month term or (ii) the senate does not confirm the governor's successor nomination within the additional ninety days, the commissioner designated as acting chairman shall no longer be able to serve as acting chairman and the governor is prohibited from extending the powers of that acting chairman or from designating another commissioner to serve as acting chairman.

(d) A commissioner serving as the acting chairman of the authority shall be deemed a state officer for purposes of section seventy-three of the public officers law. 3. A majority of the members of the authority shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. Provided, however, that a commissioner designated as an acting chairman pursuant to subdivision two of section fourteen of this chapter shall have only one vote for purposes of conducting the business of the authority.

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