New York County Law
Sec. § 401
Deputies


1.

Except as otherwise provided in this chapter, the board of supervisors may authorize any officer of the county paid from county funds or the head of any department to appoint one or more deputies, who shall perform such duties not inconsistent with law as shall be assigned to them by the appointing officer. In the event an authorized officer or department head fails to appoint one or more deputies and the authorized officer or department head is disabled for a period greater than thirty days, the board of supervisors may appoint such a deputy who shall possess the powers and perform the duties of the principal until the disability is removed or until a successor is elected or appointed and has qualified.

2.

If there be but one deputy, he shall possess the powers and perform the duties of his principal during the absence or inability of his principal to act. If there be more than one deputy, the principal shall designate in writing and file in the office of the county clerk and of the clerk of the board of supervisors the order in which they are to serve during his absence or inability to act.

3.

In the event of a vacancy in the office of the principal, such deputy, or the deputy so designated, shall possess the powers and perform the duties of his principal until the disability is removed, or, in case of a vacancy, until a successor is elected or appointed and has qualified. If no designation shall have been made and filed, the senior deputy shall act.

4.

In the event of a vacancy in the office of the principal, the board of supervisors may require such deputy to furnish an official undertaking in an amount fixed by such board and approved as provided in this chapter, and upon default thereof, said board of supervisors shall have the power to designate another employee in such office or department as the acting principal officer, who upon executing and filing such undertaking shall have and exercise the powers and duties of the office until a successor is elected or appointed and has qualified.

5.

The provisions of this section shall not apply to the office of undersheriff, or to the office of coroner or to the office of coroners physician.

6.

The provisions of this section shall supersede inconsistent provisions of section nine of the public officers law.
Source
Last accessed
Dec. 13, 2016