N.Y. Second Class Cities Law § 18: Official undertakings

§ 18. Official undertakings. No person elected or appointed to a city

office shall enter upon or continue in the discharge of the duties of

his office until he shall have executed and filed with the city clerk

the official undertaking, if any, required to be given and the same

shall have been approved as to its form and validity by the corporation

counsel and as to the sufficiency of the sureties by the mayor. All such

undertakings shall be recorded in the office of the city clerk. In

addition to the city officers required in this chapter, or otherwise by

law, to give official undertakings, the common council may require any

other city officer to give an official undertaking in such penal sum and

with such conditions and sureties as it shall direct and approve. It may

also, in a proper case, require an undertaking of any officer in

addition to that required by law. The mayor shall examine the

sufficiency of the proposed sureties of any officer or person from whom

an official undertaking is required and may require such sureties to be

examined on oath as to their property qualifications and liabilities.

The deposition of each surety shall be reduced to writing, subscribed by

him, certified by the officer administering the oath and annexed to and

filed with the undertaking. In case any city officer shall fail to file

the required official undertaking, if an elective officer, within thirty

days after receipt of his certificate of election, and if an appointive

officer, within fifteen days after receipt of notice of his appointment,

the office shall be deemed to be vacant and the vacancy shall be filled

in the manner herein provided for the filling of a vacancy therein

happening otherwise than by expiration of term. The official undertaking

of a city officer shall not be a lien upon real estate owned by him or

the sureties on such undertaking.