N.Y. County Law § 403: Official undertakings

§ 403. Official undertakings. The county clerk, the county treasurer,

the district attorney, the sheriff, such county officers as shall be

specially required by law, and such other county officers as may be

required by local law or resolution of the board of supervisors, shall,

before entering upon the duties of his office, execute an official

undertaking as provided in section eleven of the public officers law,

except as otherwise provided by law. The amount of such undertaking

shall be fixed by the board of supervisors and approved by such board if

in session and if not in session by the county clerk, except the

undertaking of the county clerk shall be approved by the board of

supervisors if in session and if not in session by the county judge. The

undertaking of the county clerk shall name the county and the people of

the state of New York as obligees and shall include any liability with

respect to the mortgage tax.

When in the opinion of the board of supervisors the sureties are

deemed insufficient and the money and property of the county may be

unsafe, such board may direct a further undertaking upon ten days'

notification thereof in writing and such officer shall not perform any

duties nor be entitled to compensation until such further undertaking is

furnished. All elective and appointive county officers shall give such

other undertakings as may be required by law.

The board of supervisors or any county officer shall have the power to

demand the giving of an undertaking by subordinates or employees, as may

be deemed necessary. Any default or misfeasance in office on the part of

any such subordinate or employee shall be deemed a breach of the

undertaking of the county officer appointing him as well as a breach of

the undertaking furnished by such subordinate or employee.

The neglect to furnish and file any such undertaking within the time

prescribed by law, except in the cases of the sheriff, county clerk and

district attorney, shall be deemed a refusal to serve and the office may

be filled as in the case of a vacancy. Until the sheriff, county clerk

or district attorney shall execute and file the required undertaking, he

shall not perform any duties of the office, nor be entitled to any

compensation.

The board of supervisors shall cause an action to be brought upon any

breach of the conditions of any such undertaking.