2-A - Succession to certain city offices. - New York Statutes

§ 2-a. Succession to certain city offices. 1. In every city in which the mayor and president or presiding officer of the local legislative body are elected at the same time and for the same term by the electors of the entire city, in case of the removal from office of the mayor, his death, inability to discharge the powers and duties of the office, resignation or absence from the city, the powers and duties of the office shall devolve upon such president or presiding officer for the residue of the term or until the disability shall cease. When the powers and duties of the office of mayor shall devolve upon such president or presiding officer for the residue of the term, he shall serve as and be the mayor. In case the person elected mayor shall die, or become unable to discharge the powers and duties of the office, after his election but before he shall have qualified as and assumed the office of mayor, the powers and duties of the office of mayor shall devolve upon the person elected as such president or presiding officer at the same election and he shall serve as and be the mayor for the term for which the mayor was elected. This subdivision shall not affect the operation of any provision of law which limits or restricts the exercise by the president or presiding officer of the powers and duties of the mayor during a limited period of either absence of the mayor from the city or inability of the mayor to perform his powers and duties. 2. In every such city, in case of the removal from office of the president or presiding officer, his death, inability to discharge the powers and duties of the office, resignation, absence from the city or when he shall serve as and be the mayor as provided in subdivision one, the powers and duties of the office shall devolve upon the president pro tempore or vice-chairman for the residue of the term or until the disability shall cease. When the powers and duties of the office of president or presiding officer shall devolve upon such president pro tempore or vice-chairman for the residue of the term, he shall serve as and be the president or presiding officer. The provisions of this subdivision shall apply to cities in which the president or presiding officer of the local legislative body is elected at the same time and for the same term as the member selected by such body to be its president pro tempore or vice-chairman. This subdivision shall not affect the operation of any provision of law which limits or restricts the exercise by the president pro tempore or vice-chairman of the powers and duties of the president or presiding officer during a limited period of either absence of the president or presiding officer from the city or inability of the president or presiding officer to perform his powers and duties. 3. The provisions of this section shall apply notwithstanding section thirty of the public officers law or any inconsistent provisions of, a. any general or special law, or b. any local law, ordinance, or city charter, heretofore or hereafter adopted, except that a city charter provision in effect before November fifth, nineteen hundred seventy-five which provides for a vacancy in the office of mayor to be filled in at the next general election if the vacancy occurs before the twentieth day of September and otherwise in the general election held in the following year shall prevail over this section and a vacancy in the office of mayor shall be filled as provided in such a charter provision.