N.Y. Judiciary Law § 180: Surrogates, New York county; vacancies

§ 180. Surrogates, New York county; vacancies. When the official term

of either surrogate of New York county will expire at the close of any

year by the effluxion of time or the disability of age, the successor of

each surrogate shall be chosen at the preceding general election.

Vacancies otherwise occurring shall be filled for a full term at the

next general election happening not less than three months after such

vacancy occurs; and until any such vacancy shall be so filled, the

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

shall be in session, may appoint and fill such vacancy, or if not in

session the governor may appoint and fill such vacancy. Any such

appointment shall continue until and including the last day of December

next after the election at which the vacancy shall be filled.