2021 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.