§ 31 — Resignations

New York § 31

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 3: Creation and Filling of Vacancies

Text

§ 31. Resignations. 1. Public officers may resign their offices as\nfollows:\n a. The governor, lieutenant-governor, comptroller and\nattorney-general, to the legislature;\n b. All officers appointed by the governor alone, or by him with the\nconsent of the senate, to the governor;\n c. Senators and members of assembly, to the presiding officers of\ntheir respective houses;\n d. Judges and justices of the unified court system, to the chief\nadministrator of the courts;\n e. Sheriffs, county clerks, district attorneys and registers of\ncounties, to the governor;\n f. Every other county officer, to the county clerk;\n g. Every town officer, to the town clerk;\n h. The officer of any other municipal corporation, to the clerk of the\ncorporation;\n i. United States senators, to the secretary of state.\n j. Representatives in the House of Representatives of the Congress of\nthe United States, to the secretary of state.\n k. Every other appointive officer, where not otherwise provided by\nlaw, to the body, board or officer that appointed him, and every other\nelective officer, where not otherwise provided by law, to the secretary\nof state.\n 2. Every resignation shall be in writing addressed to the officer or\nbody to whom it is made. If no effective date is specified in such\nresignation, it shall take effect upon delivery to or filing with the\nproper officer or body. If an effective date is specified in such\nresignation, it shall take effect upon the date specified, provided\nhowever, that in no event shall the effective date of such resignation\nbe more than thirty days subsequent to the date of its delivery or\nfiling; except that the effective date of the resignation of a judge or\njustice of the unified court system may be up to ninety days subsequent\nto the date on which such resignation is delivered or filed. If a\nresignation specifies an effective date that is more than thirty days\nsubsequent to the date of its delivery or filing, or more than ninety\ndays subsequent thereto where such resignation is that of a judge or\njustice, such resignation shall take effect upon the expiration of\nthirty days from the date of its delivery or filing, or upon the\nexpiration of ninety days therefrom, as appropriate.\n 3. A resignation addressed to an officer shall be delivered to him at\nhis place of business or filed in his office.\n A resignation addressed to the legislature or to the presiding officer\nof either house thereof, shall be delivered to and filed with the\nsecretary of state, and he shall forthwith communicate the fact of such\nresignation to the legislature or to such house, if in session, or if\nnot, at its first meeting thereafter.\n A resignation addressed to any other body shall be delivered to the\npresiding officer or clerk of such body, if there be one, and if not, to\nany member thereof, and shall be filed with the clerk, or if there be no\nclerk, with the other records of such body. A delivery at the office or\nplace of residence or business of the person to whom any such\nresignation may be delivered shall be a sufficient delivery thereof.\n 4. A resignation delivered or filed pursuant to this section, whether\neffective immediately or at a specified future date, may not be\nwithdrawn, cancelled, or amended except by consent of the officer to\nwhom it is delivered or body with which it is filed.\n 5. If a resignation from an elective office is received pursuant to\nthe provisions of this section, the official who receives such\nresignation shall immediately notify the state board of elections of the\nfact of such resignation and the effective date, if any, set forth in\nsuch resignation.\n