N.Y. Public Officers Law § 43: Filling other vacancies

§ 43. Filling other vacancies. If a vacancy shall occur, otherwise

than by expiration of term, with no provision of law for filling the

same, if the office be elective, the governor shall appoint a person to

execute the duties thereof until the vacancy shall be filled by an

election. But if the term of such officer shall expire with the calendar

year in which the appointment shall be made, or if the office be

appointive, the appointee shall hold for the residue of the term.