N.Y. Laws » CHAPTER Public Officers / ARTICLE Creation and Filling of Vacancies
New York Consolidated Laws

N.Y. Public Officers Law § 31 (2026)

Resignations

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 31. Resignations. 1. Public officers may resign their offices as
follows:
  a. The governor, lieutenant-governor, comptroller and
attorney-general, to the legislature;
  b. All officers appointed by the governor alone, or by him with the
consent of the senate, to the governor;
  c. Senators and members of assembly, to the presiding officers of
their respective houses;
  d. Judges and justices of the unified court system, to the chief
administrator of the courts;
  e. Sheriffs, county clerks, district attorneys and registers of
counties, to the governor;
  f. Every other county officer, to the county clerk;
  g. Every town officer, to the town clerk;
  h. The officer of any other municipal corporation, to the clerk of the
corporation;
  i. United States senators, to the secretary of state.
  j. Representatives in the House of Representatives of the Congress of
the United States, to the secretary of state.
  k. Every other appointive officer, where not otherwise provided by
law, to the body, board or officer that appointed him, and every other
elective officer, where not otherwise provided by law, to the secretary
of state.
  2. Every resignation shall be in writing addressed to the officer or
body to whom it is made. If no effective date is specified in such
resignation, it shall take effect upon delivery to or filing with the
proper officer or body. If an effective date is specified in such
resignation, it shall take effect upon the date specified, provided
however, that in no event shall the effective date of such resignation
be more than thirty days subsequent to the date of its delivery or
filing; except that the effective date of the resignation of a judge or
justice of the unified court system may be up to ninety days subsequent
to the date on which such resignation is delivered or filed. If a
resignation specifies an effective date that is more than thirty days
subsequent to the date of its delivery or filing, or more than ninety
days subsequent thereto where such resignation is that of a judge or
justice, such resignation shall take effect upon the expiration of
thirty days from the date of its delivery or filing, or upon the
expiration of ninety days therefrom, as appropriate.
  3. A resignation addressed to an officer shall be delivered to him at
his place of business or filed in his office.
  A resignation addressed to the legislature or to the presiding officer
of either house thereof, shall be delivered to and filed with the
secretary of state, and he shall forthwith communicate the fact of such
resignation to the legislature or to such house, if in session, or if
not, at its first meeting thereafter.
  A resignation addressed to any other body shall be delivered to the
presiding officer or clerk of such body, if there be one, and if not, to
any member thereof, and shall be filed with the clerk, or if there be no
clerk, with the other records of such body. A delivery at the office or
place of residence or business of the person to whom any such
resignation may be delivered shall be a sufficient delivery thereof.
  4. A resignation delivered or filed pursuant to this section, whether
effective immediately or at a specified future date, may not be
withdrawn, cancelled, or amended except by consent of the officer to
whom it is delivered or body with which it is filed.
  5. If a resignation from an elective office is received pursuant to
the provisions of this section, the official who receives such
resignation shall immediately notify the state board of elections of the
fact of such resignation and the effective date, if any, set forth in
such resignation.
Notes of Decisions
Cited in 11 cases, 1985–2020 · leading case: Popp v. Town of Cornwall, 244 A.D.2d 492 (N.Y. App. Div. 2d Dep't 1997).
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Popp v. Town of Cornwall, 244 A.D.2d 492 (N.Y. App. Div. 2d Dep't 1997). · cites it 2× “On appeal, the petitioner contends that issues of fact exist as to whether his resignation was valid pursuant to Public Officers Law § 31 and whether consent to withdraw it should have been given.”
Matter of Ortlieb v. Lewis Cnty. Sheriff's Dept., 155 A.D.3d 1628 (N.Y. App. Div. 4th Dep't 2017). “Our review is limited to whether the Sheriffs “determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion” (CPLR 7803 [3]).”
McCline v. New York State Off. of Child. & Fam. Servs., 15 A.D.3d 580 (N.Y. App. Div. 2d Dep't 2005). “— Coll, at Oswego, 13 AD3d 749 [2004]; cf Matter of Popp v Town of Cornwall, 244 AD2d 492 [1997] [decided under Public Officer Law § 31 (4), which contains language similar to 4 NYCRR 5.”
Kane v. Bd. of Trs. of Great Neck Library, 165 Misc. 2d 352 (N.Y. Sup. Ct. 1995). “The court, moreover, is constrained to disagree with petitioners’ argument that the Library is bound by all of the provisions of the Public Officers Law or that the requirements of a writing and delivery of resignations in that law are binding in this instance (see, Public…”
Wright v. Town Bd. of Ticonderoga, 160 A.D.2d 1156 (N.Y. App. Div. 3d Dep't 1990). · cites it 2× “As the public officer to whom the resignation was required to be made (see, Public Officers Law § 31 [1] [g]), the Town Clerk had the discretionary authority to consent to the withdrawal of that resignation, regardless of whether the resignation was effective prior to the…”
Scriven v. Wade, 208 A.D.2d 1035 (N.Y. App. Div. 3d Dep't 1994). · cites it 7× “Town Law § 26 directs that the resignation of town officers be accomplished in accordance with the provisions of Public Officers Law § 31. Pursuant to Public Officers Law § 31 (1) (g), town officers are to direct their resignations to the town clerk.”
Clark v. State, 186 Misc. 2d 896 (N.Y. Sup. Ct. 2001). “Law Public Officers Law § 31 (4) (Resignations) provides a resignation may not be withdrawn except by consent of the body with which it is filed.”
Wahl v. Zoning Bd. of Appeals, 115 A.D.2d 956 (N.Y. App. Div. 4th Dep't 1985). “Moreover, since there is no proof that the purported letter of resignation was delivered or filed with the Clerk in compliance with the statute (Public Officers Law § 31), there is no valid resignation as a matter of law (Matter of Burke v Van Buskirk, 47 AD2d 965; Matter of…”
Schweit v. Abate, 200 A.D.2d 522 (N.Y. App. Div. 1st Dep't 1994). “The resignation was effective, pursuant to a departmental rule, upon acceptance by the Acting Assistant Commissioner, who was authorized by the statutory appointing authority, and thus could not be withdrawn without respondent’s consent (Public Officers Law § 31 [4]). The…”
Matter of Shadur v. Town of Pawling, 180 A.D.3d 918 (N.Y. App. Div. 2d Dep't 2020). · cites it 3× “Moreover, since it is undisputed that the petitioner never sought the consent of the Town Clerk to withdraw or cancel the resignation, we agree with the Supreme Court's determination to dismiss the proceeding based on his failure to exhaust administrative remedies ( see Public…”
Petrella v. Siegel, 136 A.D.2d 81 (N.Y. App. Div. 2d Dep't 1988). “Thus, the Community Superintendent is a public officer (see, Matter of O’Day v Yeager, 308 NY 580 ; Matter of Hansell v City of Long Beach, 61 AD2d 84 ; Matter of Haller v Carlson, 42 AD2d 829 ), and his resignation must be in writing (Public Officers Law § 31 [2]; Matter of…”
N.Y. Public Officers Law § 31(1)(g): 1 case
Matter of Shadur v. Town of Pawling, 180 A.D.3d 918 (N.Y. App. Div. 2d Dep't 2020). “Moreover, since it is undisputed that the petitioner never sought the consent of the Town Clerk to withdraw or cancel the resignation, we agree with the Supreme Court's determination to dismiss the proceeding based on his failure to exhaust administrative remedies ( see Public…”
N.Y. Public Officers Law § 31(4): 1 case
Matter of Shadur v. Town of Pawling, 180 A.D.3d 918 (N.Y. App. Div. 2d Dep't 2020). “Moreover, since it is undisputed that the petitioner never sought the consent of the Town Clerk to withdraw or cancel the resignation, we agree with the Supreme Court's determination to dismiss the proceeding based on his failure to exhaust administrative remedies ( see Public…”
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