N.Y. Public Officers Law § 32: Removals by senate

§ 32. Removals by senate. The governor before making a recommendation

to the senate for the removal of any officer may in his discretion take

proofs, for the purpose of determining whether such recommendation shall

be made.

The comptroller or attorney-general may be removed by the senate, on

the recommendation of the governor, for misconduct or malversation in

office, if two-thirds of all the members elected to the senate shall

concur therein. No such removal shall be made unless the person who is

sought to be removed shall have been served with a copy of the charges

against him and have an opportunity of being heard. On the question of

removal, the yeas and nays shall be entered on the journal. The governor

may convene the senate in extra session for the investigation of such

charges. The senate shall have power to make such rules as it may see

fit for the practice before it. At the time appointed for the

investigation, the senate shall proceed to hear and try the charges

against such officer, and may take proofs in relation thereto.

The governor may appoint any suitable person to conduct the trial of

such charges before the senate.

An officer appointed by the governor by and with the advice and

consent of the senate, except an officer who is or any or either of the

officers who are the head of a department, and except as otherwise

provided by special provision of law may be removed by the senate upon

the recommendation of the governor.

If the senate shall reject a recommendation of removal the secretary

of the senate shall, by a writing signed by him and by the president of

the senate, communicate the fact of such rejection to the governor. If

the senate shall concur in such a recommendation the removal shall take

effect upon the passage of the resolution of concurrence, and duplicate

copies of such resolution, certified by the secretary and president of

the senate, shall be executed and delivered by such secretary to the

secretary of state.