New York PBO Code § 62-A

Leave of absence for certain appointive state officers; temporary vacancy
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§ 62-a. Leave of absence for certain appointive state officers;\ntemporary vacancy. A person holding a state office by appointment of the\ngovernor, or of the governor by and with the consent of the senate, may\nbe granted by the governor, on the application of such person, a leave\nof absence from such office, without pay, for a stated period less than\nthe remainder of the unexpired term. The office shall be deemed vacant\nfor the purpose only of filling it, in the manner provided by law, for a\nterm expiring at the end of such period. At or after the end of such\nperiod, the person who is granted such leave of absence, if not then\ndisqualified, may resume such office, its title, duties and salary for\nthe unexpired regular term, without reappointment, and the interim\nincumbent, if any, shall cease to hold it. On or after the beginning of\nsuch period, such person, if otherwise eligible, may be appointed to and\nhold any other appointive office in the state service; but he shall\nresign therefrom before resuming such former office under the foregoing\nprovisions. A person resuming such office shall file in the office of\nthe department of state his statement in writing that he elects to and\ndoes resume it pursuant to this section.\n

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