N.Y. Const. art. III, § 7: Members; qualifications; not to receive certain civil appointments; acceptance to vacate seat

§ 7. No person shall serve as a member of the legislature unless he or

she is a citizen of the United States and has been a resident of the

state of New York for five years, and, except as hereinafter otherwise

prescribed, of the assembly or senate district for the twelve months

immediately preceding his or her election; if elected a senator or

member of assembly at the first election next ensuing after a

readjustment or alteration of the senate or assembly districts becomes

effective, a person, to be eligible to serve as such, must have been a

resident of the county in which the senate or assembly district is

contained for the twelve months immediately preceding his or her

election. No member of the legislature shall, during the time for which

he or she was elected, receive any civil appointment from the governor,

the governor and the senate, the legislature or from any city

government, to an office which shall have been created, or the

emoluments whereof shall have been increased during such time. If a

member of the legislature be elected to congress, or appointed to any

office, civil or military, under the government of the United States,

the state of New York, or under any city government except as a member

of the national guard or naval militia of the state, or of the reserve

forces of the United States, his or her acceptance thereof shall vacate

his or her seat in the legislature, providing, however, that a member of

the legislature may be appointed commissioner of deeds or to any office

in which he or she shall receive no compensation.