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

N.Y. Public Officers Law § 5 (2026)

Holding over after expiration of term

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 5. Holding over after expiration of term.  Every officer except a
judicial officer, a notary public, a commissioner of deeds and an
officer whose term is fixed by the constitution, having duly entered on
the duties of his office, shall, unless the office shall terminate or be
abolished, hold over and continue to discharge the duties of his office,
after the expiration of the term for which he shall have been chosen,
until his successor shall be chosen and qualified; but after the
expiration of such term, the office shall be deemed vacant for the
purpose of choosing his successor. An officer so holding over for one or
more entire terms, shall, for the purpose of choosing his successor, be
regarded as having been newly chosen for such terms. An appointment for
a term shortened by reason of a predecessor holding over, shall be for
the residue of the term only.
Notes of Decisions
Cited in 15 cases, 1972–2018 · leading case: Met Council, Inc. v. Crosson, 642 N.E.2d 1073 (N.Y. 1994).
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Met Council, Inc. v. Crosson, 642 N.E.2d 1073 (N.Y. 1994). · cites it 2× “As the 1978 and 1984 amendments to the Civil Court Act did not intend to confer any additional benefit, status or privilege upon Housing Judges, so, too, the statute did not intend Housing Judges to be judicial officers within the meaning of Public Officers Law § 5. 2 Judicial…”
Riester v. Reilly, 138 Misc. 2d 68 (N.Y. Sup. Ct. 1988). · cites it 4× “The Supervisor of the Town of New Scotland has declined to confirm that he would pay the salary in accordance with the budget and has declined to confirm that petitioner is the Town Attorney holding over pursuant to Public Officers Law § 5. Petitioner states that he is ready and…”
Cappelli v. Sweeney, 167 Misc. 2d 220 (N.Y. Sup. Ct. 1995). “The tenability of such argument is belied, however, by the fact that pursuant to Public Officers Law §§ 5 and 39, the only way to remove petitioners, other than for cause, would be by appointing a successor.”
Wheeler v. Cnty. of Washington, 259 A.D.2d 902 (N.Y. App. Div. 3d Dep't 1999). “Since petitioner was not reappointed and his successor had not yet been chosen, the position became vacant at the expiration of his term on December 31, 1996.”
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). “The record demonstrates that the petitioner’s predecessor, Jennifer Brown, was appointed to the office of Village Treasurer in July 2009 to serve the remainder of a two-year term of office, which had commenced on April 6, 2009 (see Public Officers Law § 5).”
Slagle v. Keeney, 73 A.D.3d 1459 (N.Y. App. Div. 4th Dep't 2010). “If no action was taken to reappoint petitioner’s predecessor, then the predecessor held the position through April 2008 in a holdover capacity pursuant to Public Officers Law § 5. “An appointment for a term shortened by reason of a predecessor holding overt ] shall be for the…”
LaPolla v. De Salvatore, 112 A.D.2d 6 (N.Y. App. Div. 4th Dep't 1985). “In our view, in either case respondent is presently in office as a holdover under the Public Officers Law and, therefore, his "office shall be deemed vacant for the purpose of choosing his successor” (Public Officers Law § 5). This is the sole issue to be declared in this…”
Moldawsky v. Lindsay, 341 F. Supp. 1393 (S.D.N.Y. 1972). “However, he did serve as a “holdover,” see Public Officers Law § 5 (McKinney’s Consol.”
Fiorella v. Glenzer, 126 A.D.2d 937 (N.Y. App. Div. 4th Dep't 1987). · cites it 2× “Petitioner contends that pursuant to Public Officers Law § 5 he is entitled to hold over in office until a permanent successor is chosen, confirmed and qualified.”
Phillips v. Town of Glenville, 2018 NY Slip Op 2702 (N.Y. App. Div. 3d Dep't 2018). · cites it 4× “ispute over his accrued benefits was subsequently forthcoming, plaintiff commenced this action alleging, among other things, that his termination from employment was without legal effect as it was contrary to law, improper and taken in bad faith and, based on his subsequent…”
Cutrone v. Vill. Bd. of Trs. of Harrison, 226 A.D.2d 459 (N.Y. App. Div. 2d Dep't 1996). “hose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office * * * until his successor [is] chosen and qualified; but after the…”
Herman v. Vacco, 167 Misc. 2d 879 (N.Y. Sup. Ct. 1996). “Petitioner challenges his dismissal as unauthorized on the grounds that it violates the hold-over provisions of Public Officers Law § 5 and was improperly classified as "exempt” under Civil Service Law § 41 (1) (b).”
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