N.Y. Laws » CHAPTER Public Officers / ARTICLE Appointment and Qualification of Public Officers
New York Consolidated Laws

N.Y. Public Officers Law § 15 (2026)

Validation of official acts performed before filing official oath or undertaking

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 15. Validation of official acts performed before filing official
oath or undertaking. If a public officer, duly chosen, has heretofore
entered, or shall hereafter enter on the performance of the duties of
his or her office, without taking or filing an official oath, or
executing or filing an official undertaking, as required by the
constitution, section ten of this article, section twenty-five of the
town law or section one hundred four of the uniform justice court act,
or by any general or special law, his or her acts as such officer, so
performed, shall be as valid and of as full force and effect as if such
oath had been duly taken and filed, and as if such undertaking had been
duly executed and filed, notwithstanding the provisions of any general
or special law declaring any such office vacant, or authorizing it to be
declared vacant, or to be filled as in case of vacancy, or imposing any
other forfeiture or penalty for omission to take or file any such oath,
or to execute or file any such undertaking; but this section shall not
otherwise affect any provision of any general or special law, declaring
any such office vacant, or authorizing it to be declared vacant, or to
be filled as in case of vacancy, or imposing any other forfeiture or
penalty, by reason of the failure to take or file any such oath or to
execute or file any such undertaking; and this section shall not relieve
any such officer from criminal liability for entering on the discharge
of his or her official duties without taking or filing such oath or
executing or filing such undertaking in accordance with such provisions.
Notes of Decisions
Cited in 9 cases, 1990–2012 · leading case: Adams v. Bracci, 100 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2012).
Sort: Relevance Newest Treatment
Adams v. Bracci, 100 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2012). · cites it 2× “Here, however, the mother’s motion to vacate all prior custody orders issued by Judge Becker was premised on the lack of a certificate of his election being on file (see County Law § 400 [5]).”
Cnty. of Ontario v. W. Finger Lakes Solid Waste Mgmt. Auth., 167 A.D.2d 848 (N.Y. App. Div. 4th Dep't 1990). “The de facto officer doctrine is founded upon reasons of policy and necessity; it protects the interests and reasonable expectations of the public, which must rely on the presumptively valid acts of public officials (Sylvia Lake Co.”
People v. Rossney, 178 A.D.2d 765 (N.Y. App. Div. 3d Dep't 1991). “While the law provides that a Special District Attorney shall not perform duties of the office until an oath is filed, any duties so performed are performed as a de facto officer and are enforceable and valid (see, Public Officers Law § 15; People v Williams, 139 AD2d 138, 143 ,…”
Gilmartin v. Tax Appeals Tribunal, 31 A.D.3d 1008 (N.Y. App. Div. 3d Dep't 2006). “Assuming, arguendo, that the Public Officers Law applies to some or all of these state employees, petitioner’s argument still fails because acts performed by a public officer who has not taken and filed an official oath are as valid and effective as if the oath had been taken…”
Giacone v. Jackson, 267 A.D.2d 673 (N.Y. App. Div. 3d Dep't 1999). “We find no statutory mandate requiring the State Police to file sobriety test procedure rules with the Secretary of State. Petitioner’s erratic driving, the odor of alcohol, his bloodshot eyes, pattern of speech and inability to properly recite the alphabet or perform a…”
People v. Costa, 186 A.D.2d 299 (N.Y. App. Div. 3d Dep't 1992). “, 167 AD2d 848 , lv denied 77 NY2d 805 ; see also, Public Officers Law § 15). Weiss, P. J., Mercure, Crew III, Mahoney and Casey, JJ.”
Whitman v. City of Troy, 3 Misc. 3d 794 (N.Y. Sup. Ct. 2004). “Public Officers Law § 15 declares valid the acts of a public officer done without, inter alia, taking or filing an official oath.”
Adams v. Bracci, 100 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2012). · cites it 2× “Here, however, the mother’s motion to vacate all prior custody orders issued by Judge Becker was premised on the lack of a certificate of his election being on file (see County Law § 400 [5]).”
Whitman v. Troy, 2004 NY Slip Op 24086 (N.Y. Sup. Rensselaer 2004). “Public Officers Law § 15 declares valid the acts of a public officer done without, inter alia, taking or filing an official oath.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.