GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Public Officers Law § 80: Delivery of books and papers, money and property

Read at publisher ↗
Where this section sits in the code
  1. Public Officers Law
  2. Article 5. Delivery of Public Books

§ 80. Delivery of books and papers, money and property. A public

officer shall demand from his predecessor in office or any person in

whose possession they may be, a delivery to such officer of all books

and papers, money and property belonging or appertaining to such office.

If such demand is refused, such officer may make complaint thereof to

any justice of the supreme court of the district, or to the county judge

of the county in which the person refusing resides. If such justice or

judge be satisfied that such books or papers, money and property are

withheld, he shall grant an order directing the person refusing to show

cause before him at a time specified therein, why he should not deliver

the same. At such time, or at any time to which the matter may be

adjourned, on proof of the due service of the order, such justice or

judge shall proceed to inquire into the circumstances. If the person

charged with withholding such books or papers, money and property makes

affidavit before such justice or judge that he has delivered to the

officer all books and papers, money and property in his custody which,

within his knowledge, or to his belief belong or appertain thereto, such

proceedings before such justice or judge shall cease, and such person be

discharged. If the person complained against shall not make such oath,

and it appears that any such books or papers, money and property are

withheld by him, such justice or judge shall commit him to the county

jail until he delivers such books and papers, money and property, or is

otherwise discharged according to law. On such commitment, such justice

or judge, if required by the complainant, shall also issue his warrant

directed to any sheriff or constable, commanding him to search, in the

daytime, the places designated therein, for such books and papers, money

and property, and to bring them before such justice or judge. If any

such books and papers, money and property, are brought before him by

virtue of such warrant, he shall determine whether they appertain to

such office, and if so shall cause them to be delivered to the

complainant.

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

Browse this collection