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This entry was published on 2014-09-22
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Official undertakings
§ 403. Official undertakings. The county clerk, the county treasurer,
the district attorney, the sheriff, such county officers as shall be
specially required by law, and such other county officers as may be
required by local law or resolution of the board of supervisors, shall,
before entering upon the duties of his office, execute an official
undertaking as provided in section eleven of the public officers law,
except as otherwise provided by law. The amount of such undertaking
shall be fixed by the board of supervisors and approved by such board if
in session and if not in session by the county clerk, except the
undertaking of the county clerk shall be approved by the board of
supervisors if in session and if not in session by the county judge. The
undertaking of the county clerk shall name the county and the people of
the state of New York as obligees and shall include any liability with
respect to the mortgage tax.

When in the opinion of the board of supervisors the sureties are
deemed insufficient and the money and property of the county may be
unsafe, such board may direct a further undertaking upon ten days'
notification thereof in writing and such officer shall not perform any
duties nor be entitled to compensation until such further undertaking is
furnished. All elective and appointive county officers shall give such
other undertakings as may be required by law.

The board of supervisors or any county officer shall have the power to
demand the giving of an undertaking by subordinates or employees, as may
be deemed necessary. Any default or misfeasance in office on the part of
any such subordinate or employee shall be deemed a breach of the
undertaking of the county officer appointing him as well as a breach of
the undertaking furnished by such subordinate or employee.

The neglect to furnish and file any such undertaking within the time
prescribed by law, except in the cases of the sheriff, county clerk and
district attorney, shall be deemed a refusal to serve and the office may
be filled as in the case of a vacancy. Until the sheriff, county clerk
or district attorney shall execute and file the required undertaking, he
shall not perform any duties of the office, nor be entitled to any

The board of supervisors shall cause an action to be brought upon any
breach of the conditions of any such undertaking.