N.Y. County Law § 401: Deputies

§ 401. Deputies. 1. Except as otherwise provided in this chapter, the

board of supervisors may authorize any officer of the county paid from

county funds or the head of any department to appoint one or more

deputies, who shall perform such duties not inconsistent with law as

shall be assigned to them by the appointing officer. In the event an

authorized officer or department head fails to appoint one or more

deputies and the authorized officer or department head is disabled for a

period greater than thirty days, the board of supervisors may appoint

such a deputy who shall possess the powers and perform the duties of the

principal until the disability is removed or until a successor is

elected or appointed and has qualified.

2. If there be but one deputy, he shall possess the powers and perform

the duties of his principal during the absence or inability of his

principal to act. If there be more than one deputy, the principal shall

designate in writing and file in the office of the county clerk and of

the clerk of the board of supervisors the order in which they are to

serve during his absence or inability to act.

3. In the event of a vacancy in the office of the principal, such

deputy, or the deputy so designated, shall possess the powers and

perform the duties of his principal until the disability is removed, or,

in case of a vacancy, until a successor is elected or appointed and has

qualified. If no designation shall have been made and filed, the senior

deputy shall act.

4. In the event of a vacancy in the office of the principal, the board

of supervisors may require such deputy to furnish an official

undertaking in an amount fixed by such board and approved as provided in

this chapter, and upon default thereof, said board of supervisors shall

have the power to designate another employee in such office or

department as the acting principal officer, who upon executing and

filing such undertaking shall have and exercise the powers and duties of

the office until a successor is elected or appointed and has qualified.

5. The provisions of this section shall not apply to the office of

undersheriff, or to the office of coroner or to the office of coroner's

physician.

6. The provisions of this section shall supersede inconsistent

provisions of section nine of the public officers law.