1. The Laws of New York
  2. Consolidated Laws
  3. Public Officers
  4. Article 3: Creation and Filling of Vacancies


Section 32 Removals by senate

Public Officers (PBO)

The governor before making a recommendation to the senate for the removal of any officer may in his discretion take proofs, for the purpose of determining whether such recommendation shall be made.

  The comptroller or attorney-general may be removed by the senate, on the recommendation of the governor, for misconduct or malversation in office, if two-thirds of all the members elected to the senate shall concur therein. No such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him and have an opportunity of being heard. On the question of removal, the yeas and nays shall be entered on the journal. The governor may convene the senate in extra session for the investigation of such charges. The senate shall have power to make such rules as it may see fit for the practice before it. At the time appointed for the investigation, the senate shall proceed to hear and try the charges against such officer, and may take proofs in relation thereto.

  The governor may appoint any suitable person to conduct the trial of such charges before the senate.

  An officer appointed by the governor by and with the advice and consent of the senate, except an officer who is or any or either of the officers who are the head of a department, and except as otherwise provided by special provision of law may be removed by the senate upon the recommendation of the governor.

  If the senate shall reject a recommendation of removal the secretary of the senate shall, by a writing signed by him and by the president of the senate, communicate the fact of such rejection to the governor. If the senate shall concur in such a recommendation the removal shall take effect upon the passage of the resolution of concurrence, and duplicate copies of such resolution, certified by the secretary and president of the senate, shall be executed and delivered by such secretary to the secretary of state.