N.Y. VIL Law § 3-312 — New York Code / Act VIL / Article 3 / Section 3-312
Filling of offices and vacancies by election or appointment
Status: in_force

§ 3-312 Filling of offices and vacancies by election or appointment.\n1.  Elective offices shall be filled at the general village election\nnext preceding the expiration of the terms thereof.\n  2. Appointive offices shall be filled at the annual meeting\nimmediately following the expiration of the terms thereof or, in the\ncase of newly established offices, at the time of the establishment\nthereof.\n  3. Vacancies in offices caused other than by expiration of the terms\nthereof shall be filled by the mayor, except the office of mayor which\nshall be filled by the board of trustees, to the extent and for the\nperiods of time set forth herein:\n  a. In appointive offices for the balance of unexpired terms\n  b. In elective offices as follows:\n  (1) If such vacancy occurs at least seventy-five days prior to the\nthird Tuesday of the month preceding the end of the current official\nyear, for the balance of such year.\n  (2) If such vacancy occurs less than seventy-five days prior to the\nthird Tuesday of the month preceding the end of the current official\nyear, for the balance of the year and, if the term of office does not\nexpire at the end of such year, by further appointment to the end of the\nnext official year.\n  (3) Whenever a village, pursuant to section 15-104 of the election\nlaw, has provided that village elections shall occur on the day of the\ngeneral election such vacancy shall be filled in accordance with\nsubdivision one of section forty-two of the public officers law.\n  4. Elective offices, which have been filled by appointment for part of\nthe unexpired terms thereof shall further be filled for the remaining\npart of such terms by election at the general village election, if any,\nregularly scheduled to be held prior to the end of the period of such\nappointment. In the event no general village election is scheduled, a\nspecial village election shall be held on the third Tuesday of the month\npreceding the end of the period of such appointment. Such special\nelections shall be noticed, held and conducted in the same manner as a\ngeneral village election.\n  5. A village trustee shall be eligible for appointment to fill a\nvacancy in the office of mayor. If a trustee shall accept such\nappointment, his office as trustee shall be vacant.\n  6. The village clerk shall, within three days after the appointment of\na village officer, notify each person so appointed of his appointment\nand the date thereof, and that, in order to qualify: he is required to\nfile his oath of office with such clerk together with proof by affidavit\nof his eligibility to hold such office before entering upon the duties\nthereof; and if an official undertaking be required by or in pursuance\nof law, that he is also required to file the same with such clerk and\nthat upon his failure to do so, he will be deemed to have declined the\noffice. In the case of a person appointed to fill a vacancy in the\nposition of village justice or acting village justice, such notice shall\nfurther state that the filing of his oath with the county clerk of the\ncounty and with the chief administrator of the courts is also required.\nIf an undertaking is required of a village officer after entering upon\nthe duties of his office, the clerk of the village shall thereupon serve\nupon such officer, personally, a written notice that he is required to\nfile such undertaking with the clerk within ten days after the service\nof the notice and that upon his failure to do so his office will become\nvacant.\n