New York PBO Code § 30

Creation of vacancies
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§ 30. Creation of vacancies. 1. Every office shall be vacant upon the\nhappening of one of the following events before the expiration of the\nterm thereof:\n  a. The death of the incumbent;\n  b. His resignation;\n  c. His removal from office;\n  d. His ceasing to be an inhabitant of the state, or if he be a local\nofficer, of the political subdivision, or municipal corporation of which\nhe is required to be a resident when chosen;\n  e. His or her conviction of a felony, conviction of a crime involving\na violation of his or her oath of office, or upon entering a guilty plea\nin federal court to a felony, or upon entering a guilty plea in federal\ncourt to a crime involving a violation of his or her oath of office,\nprovided, however, that a non-elected official may apply for\nreinstatement to the appointing authority upon reversal or the vacating\nof such conviction where the conviction is the sole basis for the\nvacancy. After receipt of such application, the appointing authority\nshall afford such applicant a hearing to determine whether reinstatement\nis warranted. The record of the hearing shall include the final judgment\nof the court which reversed or vacated such conviction and may also\ninclude the entire employment history of the applicant and any other\nsubmissions which may form the basis of the grant or denial of\nreinstatement notwithstanding the reversal or vacating of such\nconviction. Notwithstanding any law to the contrary, after review of\nsuch record, the appointing authority may, in its discretion, reappoint\nsuch non-elected official to his or her former office, or a similar\noffice if his or her former office is no longer available. In the event\nof such reinstatement, the appointing authority may, in its discretion,\naward salary or compensation in full or in part for the period from the\ndate such office became vacant to the date of reinstatement or any part\nthereof;\n  f. The entry of a judgment or order of a court of competent\njurisdiction declaring him to be incompetent;\n  g. The judgment of a court, declaring void his election or\nappointment, or that his office is forfeited or vacant;\n  h. His refusal or neglect to file his official oath or undertaking, if\none is required, before or within thirty days after the commencement of\nthe term of office for which he is chosen, if an elective office, or if\nan appointive office, within thirty days after notice of his\nappointment, or within thirty days after the commencement of such term;\nor to file a renewal undertaking within the time required by law, or if\nno time be so specified, within thirty days after notice to him in\npursuance of law, that such renewal undertaking is required. The neglect\nor failure of any state or local officer to execute and file his oath of\noffice and official undertaking within the time limited therefor by law,\nshall not create a vacancy in the office if such officer was on active\nduty in the armed forces of the United States and absent from the county\nof his residence at the time of his election or appointment, and shall\ntake his oath of office and execute his official undertaking within\nthirty days after receipt of notice of his election or appointment, and\nprovided such oath of office and official undertaking be filed within\nninety days following the date it has been taken and subscribed, any\ninconsistent provision of law, general, special, or local to the\ncontrary, notwithstanding.\n  2. When a new or an additional office shall be created, such office\nshall for the purposes of an appointment or election, be vacant from the\ndate of its creation, until it shall be filled by election or\nappointment.\n  3. When any member of a board, commission, committee or authority,\nholding office by appointment of the governor, fails to attend three\nconsecutive regular meetings of such board, commission, committee or\nauthority, unless such absence is for good cause and is excused by the\nchairman or other presidin

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