N.Y. Public Officers Law Section 13
Notice of neglect to file oath or undertaking

The officer or body making the appointment or certificate of election of a public officer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written appointment or certificate of election is to be filed, forthwith give written notice of such appointment or election to the officer in whose office the undertaking is to be filed. If any officer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the officer, with whom or in whose office such oath or undertaking is required to be filed, shall forthwith give notice of such neglect, if of an appointive officer, to the authority appointing such officer; if of an elective officer, to the officer, board or body authorized to fill a vacancy in such office, if any, or if none and a vacancy in the office may be filled by a special election, to the officer, board or body authorized to call or give notice of a special election to fill such vacancy; except that the notice of failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the justice was elected.

Source: Section 13 — Notice of neglect to file oath or undertaking, https://www.nysenate.gov/legislation/laws/PBO/13 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

3
Qualifications for holding office 3‑A
Restrictions upon holding public office or employment of persons removed from office for certain reasons 3‑B
Special peace officers to be citizens 3‑C
Restrictions upon nomination or election to compensated federal, state or local office 4
Commencement of term of office 5
Holding over after expiration of term 6
Mode of choosing state officers if not otherwise provided 7
Appointment by the governor and senate 8
Commissions of officers 9
Deputies, their appointment, number and duties 10
Official oaths 11
Official undertakings 12
Force and effect of official undertaking 13
Notice of neglect to file oath or undertaking 14
Effect of consolidation on terms of office 15
Validation of official acts performed before filing official oath or undertaking 16
Qualifications of certain judicial officers in cities of the first class 17
Defense and indemnification of state officers and employees 17‑A
Reimbursement of funds paid by state agencies and state entities for the payment of awards adjudicated in sexual harassment claims 18
Defense and indemnification of officers and employees of public entities 18‑A
Reimbursement of funds paid by a public entity for the payment of awards adjudicated in sexual harassment claims 19
Reimbursement of defense costs incurred by or on behalf of state employees

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 13’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._public_officers_law_section_13

Original Source: Section 13 — Notice of neglect to file oath or undertaking, https://www.nysenate.gov/legislation/laws/PBO/13 (last accessed Aug. 20, 2023).