N.Y. County Law § 405: Procedure when new officer assumes duties of office

§ 405. Procedure when new officer assumes duties of office. 1. When a

newly elected or appointed county officer has qualified by taking and

filing the official oath and undertaking required of him by law, the

certificate furnished by the county clerk pursuant to section four

hundred shall be his authority to demand of his predecessor the custody

of all books, records, maps, papers, equipment, supplies, moneys and

property of the county to which such officer is entitled and directed to

have custody. Such inventories, statements or receipts, as may be

required of such officer by local law or by resolution of the board of

supervisors, shall be given. If the outgoing officer shall have died,

the administrator or executor of his estate may also demand a receipt of

the successor in office.

2. The outgoing sheriff, or the officer acting as sheriff, shall

deliver the custody of all prisoners confined in the jail, together with

all books, records, process, mandates, commitments and other papers

pertaining to the office, to the new sheriff and duplicate receipts

shall be given therefor. Uncompleted property executions and executions

directed against wages, earnings or income of a judgment-debtor shall be

delivered to the new sheriff.

3. The failure of any outgoing officer to deliver such custody within

ten days after such certificate has been delivered and a demand made

thereon, shall entitle the successor in office to maintain an action in

the name of the county against said predecessor in office, or the

administrator or executor of his estate, or against any employee or

other person having possession thereof, to obtain such custody and to

recover any damages that may have been suffered by the county by reason

of such detention, together with a penalty of five hundred dollars. The

county attorney shall appear for such county officer suing on behalf of

the county and the recovery together with the statutory costs shall be

the property of the county and may be used for general county purposes.