N.Y. Town Law § 42: Deputy supervisor

§ 42. Deputy supervisor. The town board of any town may at any time

establish the office of deputy supervisor. The deputy supervisor shall

be appointed by the supervisor to serve at the pleasure of the

supervisor, and in case the office of supervisor becomes vacant any

deputy supervisor in office at the time such vacancy occurs shall

continue to serve until the successor of such deputy supervisor is

appointed. If the supervisor shall fail to appoint a deputy supervisor

within five days after the establishment of the office or within five

days after a vacancy occurs in the office, the town board shall have

power to appoint such deputy supervisor. During the absence or inability

to act of the supervisor, or while the office of supervisor is vacant,

the deputy supervisor shall preside, when present, at the meetings of

the town board and shall be vested with all of the powers and may

perform all of the duties of the supervisor under this chapter or any

other law, except that he shall have no vote in his capacity as deputy

supervisor on matters coming before the town board and he shall not

serve as a member of the county board of supervisors. Any person,

including a town officer, official or employee, may be appointed deputy

supervisor, provided that the person appointed shall possess the same

qualifications as an elective town officer. Before he shall perform any

function as such, the deputy supervisor shall take and file the

constitutional oath of office and execute and file an official

undertaking in the manner prescribed in section twenty-five of this

chapter. The town board shall fix the compensation which the deputy

supervisor shall receive, which compensation may be in addition to any

other compensation he may receive as a town officer, town official or

town employee.