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New York Consolidated Laws

N.Y. County Law § 652 (2026)

Undersheriff and staff of sheriff

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 652. Undersheriff and staff of sheriff. 1. Within ten days after
entering upon the duties of the office, the sheriff shall appoint an
undersheriff to serve during his pleasure. During the absence or
inability of the sheriff to act or when a vacancy shall occur in the
office of the sheriff, the undersheriff shall, in all things, execute
the duties of the office of sheriff until a new sheriff is elected or
appointed and has qualified.
  2. Within the limits of the appropriation, the sheriff may appoint as
many regular deputy sheriffs as he may deem proper, but not exceeding
one for every three thousand inhabitants of the county. The board of
supervisors may, however, authorize the appointment of such additional
regular deputy sheriffs as it may determine. A female correction officer
or female deputy sheriff who is authorized to perform correctional
duties and has completed training, as mandated by the state commission
of correction, shall be in attendance in a correctional facility when
females are confined in the correctional facility and shall, when deemed
necessary by the sheriff or keeper of the jail to maintain the order and
security of the facility, be in attendance in any housing unit where
females are confined. A male correction officer or male deputy sheriff
who is authorized to perform correctional duties and has completed
training, as mandated by the state commission of correction, shall be in
attendance in a correctional facility when males are confined in the
correctional facility and shall, when deemed necessary by the sheriff or
keeper of the jail to maintain the order and security of the facility,
be in attendance in any housing unit where males are confined. The
sheriff may also appoint keepers, guards, clerks and employees as may be
authorized by the board of supervisors and such appointees shall serve
during his pleasure. Any person may also be deputed by any sheriff or
undersheriff by written instrument to do particular acts.
  3. Each such appointment shall be in a writing filed and recorded in
the office of the county clerk.
  4. Before the appointment by a sheriff of any person as an
undersheriff or a deputy, other than a person deputed to do particular
acts, the sheriff shall require such person to, and such person shall,
submit to the sheriff fingerprints of such person, in the form and
manner prescribed by the division of criminal justice services, and it
shall thereupon be the duty of the sheriff to compare, or cause to be
compared such fingerprints with fingerprints filed with the division of
criminal justice services; provided, however, that in any case where the
fingerprints of any such person shall once have been submitted pursuant
to this section and are on file in the office of the sheriff, no new
submission thereof shall be required, nor shall the sheriff be required
to make or cause to be made such comparison if such comparison shall
have been made previously and certification thereof by such department
is on file in his office.
Notes of Decisions
Cited in 17 cases, 1991–2020 · leading case: Baity v. Kralik, 51 F. Supp. 3d 414 (S.D.N.Y. 2014).
Sort: Relevance Newest Treatment
Baity v. Kralik, 51 F. Supp. 3d 414 (S.D.N.Y. 2014). “Letter 3 (quoting N.Y. County Law § 652 ).) . The Court notes that Plaintiff's Counsel, Mr.”
Sheriff's Silver Star Ass'n of Oswego Cnty., Inc. v. Cnty. of Oswego, 56 F. Supp. 2d 263 (N.D.N.Y. 1999). · cites it 6× “Though both Nellis and Todd refer to “correction law” as mandating sex-segregation of CO assignments, it is clear that the state law forming the basis for their belief is N.Y. County Law § 652 (2). This statute, effective August 2, 1994, states in relevant part that: A female…”
Arteta v. Cnty. of Orange, 141 F. App'x 3 (2d Cir. 2005). “As to Thompson, the position of undersheriff is a policymaking one, involving standing in the stead of the sheriff in the latter’s absence, see N.Y. County L. § 652 (1); Thompson’s removal from the position of undersheriff, even if it was done on the basis of his political…”
Jeffes v. Barnes, 208 F.3d 49 (2d Cir. 2000). “” N.Y. County Law § 652 , subd. 2 (McKinney Supp.”
Hoffman v. Cnty. of Delaware, 41 F. Supp. 2d 195 (N.D.N.Y. 1999). “20(34)(b). The evidence demonstrates that Hamilton was a part-time or special Deputy Sheriff appointed by the Delaware County Sheriffs Department.”
Skelos v. Paterson, 915 N.E.2d 1141 (N.Y. 2009). “County Law § 652 (1) (undersheriff shall “execute the duties of the office of sheriff’ until a new sheriff is elected or appointed); County Law § 914 (deputy shall, “subject to the provisions of the public officers law, have all the powers and fulfill all the duties of the…”
Pfeiffer v. Lewis Cnty., 308 F. Supp. 2d 88 (N.D.N.Y. 2004). “Plaintiff also points to the fact that, pursuant to N.Y. County Law § 652 (2), “[a] female correction officer or female deputy sheriff who is authorized to perform correctional duties and has completed training, as mandated by the state commission of correction, shall be in…”
Eck v. Cnty. of Delaware, 36 A.D.3d 1180 (N.Y. App. Div. 3d Dep't 2007). “However, Civil Service Law § 75 (2) provides that a hearing on charges such as those set forth against petitioner “shall be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a deputy or other person designated by…”
In re the Arbitration between Council 82 & Campbell, 268 A.D.2d 859 (N.Y. App. Div. 3d Dep't 2000). · cites it 3× “After the award was issued, but before it was confirmed, County Law § 652 (2) was amended (see, L 1994, ch 671).”
Dunbar v. Cnty. of Saratoga, 358 F. Supp. 2d 115 (N.D.N.Y. 2005). “Bowen’s B-pod staffing policy complied with County Law § 652(2) and protected the privacy rights of female inmates, who were subjected to pat downs, bed checks, cell searches and strip searches.”
Allen v. Schiff, 908 F. Supp. 2d 451 (S.D.N.Y. 2012). “Neither New York County Law nor the County charter specifically discuss whether the Sheriff has the power to set employee drug-testing policy.”
White v. Cnty. of Sullivan, 101 A.D.3d 1552 (N.Y. App. Div. 3d Dep't 2012). “A sheriff is a constitutionally-authorized, elected official (see NY Const, art XIII, § 13; County Law § 400 [1], who has been statutorily provided with the authority to hire his or her own staff (see County Law § 652 [2]). Although Supreme Court held in its March 2010 decision…”
Show all 17 citing cases →
N.Y. County Law § 652(2): 2 cases
Sheriff's Silver Star Ass'n of Oswego Cnty., Inc. v. Cnty. of Oswego, 56 F. Supp. 2d 263 (N.D.N.Y. 1999). “Though both Nellis and Todd refer to “correction law” as mandating sex-segregation of CO assignments, it is clear that the state law forming the basis for their belief is N.Y. County Law § 652 (2). This statute, effective August 2, 1994, states in relevant part that: A female…”
Dunbar v. Cnty. of Saratoga, 358 F. Supp. 2d 115 (N.D.N.Y. 2005). “Bowen’s B-pod staffing policy complied with County Law § 652(2) and protected the privacy rights of female inmates, who were subjected to pat downs, bed checks, cell searches and strip searches.”
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