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

N.Y. Public Officers Law § 38 (2026)

Terms of officers chosen to fill vacancies

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 38. Terms of officers chosen to fill vacancies. If an appointment of
a person to fill a vacancy in an appointive office be made by the
officer, or by the officers, body or board of officers, authorized to
make appointment to the office for the full term, the person so
appointed to such vacancy shall hold office for the balance of the
unexpired term. The term of office of an officer appointed to fill a
vacancy in an elective office, shall be until the commencement of the
political year next succeeding the first annual election after the
happening of the vacancy, if the office be made elective by the
constitution, or at which the vacancy can be filled by election, if the
office be otherwise made elective.
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Matter of Auffredou v. Bd. of Trs. of Vil. of Cornwall-on-Hudson, 123 A.D.3d 922 (N.Y. App. Div. 2d Dep't 2014).
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Matter of Auffredou v. Bd. of Trs. of Vil. of Cornwall-on-Hudson, 123 A.D.3d 922 (N.Y. App. Div. 2d Dep't 2014). “Since Brown’s term had not expired, the petitioner’s appointment was limited to the balance of Brown’s unexpired term, which terminated prior to the challenged determination on April 18, 2011 (see Village Law § 3-312 [3] [a]; Matter of Mangravite v Allen, 112 AD2d 163 [1985];…”
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