N.Y. Public Officers Law § 62-a: Leave of absence for certain appointive state officers; temporary vacancy

§ 62-a. Leave of absence for certain appointive state officers;

temporary vacancy. A person holding a state office by appointment of the

governor, or of the governor by and with the consent of the senate, may

be granted by the governor, on the application of such person, a leave

of absence from such office, without pay, for a stated period less than

the remainder of the unexpired term. The office shall be deemed vacant

for the purpose only of filling it, in the manner provided by law, for a

term expiring at the end of such period. At or after the end of such

period, the person who is granted such leave of absence, if not then

disqualified, may resume such office, its title, duties and salary for

the unexpired regular term, without reappointment, and the interim

incumbent, if any, shall cease to hold it. On or after the beginning of

such period, such person, if otherwise eligible, may be appointed to and

hold any other appointive office in the state service; but he shall

resign therefrom before resuming such former office under the foregoing

provisions. A person resuming such office shall file in the office of

the department of state his statement in writing that he elects to and

does resume it pursuant to this section.