N.Y. Financial Services Law § 202: Superintendent

§ 202. Superintendent. (a) The head of the department shall be the

superintendent of financial services, who shall be appointed by the

governor, by and with the advice and consent of the senate, and who

shall hold office at the pleasure of the governor. The superintendent

shall possess the rights, powers, and duties in connection with

financial services and protection in this state, expressed or reasonably

implied by this chapter or any other applicable law of this state.

(b) The superintendent may, in the superintendent's discretion,

designate one of the superintendent's deputies to act as superintendent

during the superintendent's absence or inability to act. If the office

of superintendent is vacant, or if the superintendent's absence or

inability to act continues for a period of more than thirty successive

days, the governor may designate a deputy to act as superintendent until

the filling of the vacancy or the return or recovery of the

superintendent.

(c) Whenever in this chapter, the banking law, the insurance law or

any other law the superintendent is authorized but not required to take

any action or the superintendent's approval is required as a condition

precedent to the doing of any act, the taking of such action and the

giving of such approval shall be within the superintendent's sound

discretion. In taking any action with respect to any banking

organization, and in approving or disapproving any application made by a

banking organization, the superintendent shall give due consideration to

the policy of the state of New York as set forth in section ten of the

banking law.