N.Y. Public Officers Law § 39: Filling vacancies in office of officer appointed by governor and senate

§ 39. Filling vacancies in office of officer appointed by governor and

senate. A vacancy which shall occur during the session of the senate, in

the office of an officer appointed by the governor by and with the

advice and consent of the senate, shall be filled in the same manner as

an original appointment. Such a vacancy occurring or existing while the

senate is not in session, including offices in which officers are

holding over pursuant to the provisions of section five of this chapter

or any other law, and offices vacant during the session of the senate,

shall be filled by the governor for a term which shall expire upon the

appointment and qualification of a successor but in any event such term

shall expire at the end of twenty days from the commencement of the next

meeting of the senate.