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New York · Through 2026-09-11

N.Y. Public Officers Law § 5: Holding over after expiration of term

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Where this section sits in the code
  1. Public Officers Law
  2. Article 2. Appointment and Qualification of Public Officers

§ 5. Holding over after expiration of term. Every officer except a

judicial officer, a notary public, a commissioner of deeds and an

officer whose term is fixed by the constitution, having duly entered on

the duties of his office, shall, unless the office shall terminate or be

abolished, hold over and continue to discharge the duties of his office,

after the expiration of the term for which he shall have been chosen,

until his successor shall be chosen and qualified; but after the

expiration of such term, the office shall be deemed vacant for the

purpose of choosing his successor. An officer so holding over for one or

more entire terms, shall, for the purpose of choosing his successor, be

regarded as having been newly chosen for such terms. An appointment for

a term shortened by reason of a predecessor holding over, shall be for

the residue of the term only.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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