NYCL AGO 95-30.

• Case Date: May 23, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-30. May 23, 1995Informal Opinion No. 95-30Paul V. Nowicki, Esq. County Attorney County of Rockland Allison-Parris County Office Bldg. New City, NY 10956NY CONST, ART XIII §§ 3, 13(a); COUNTY LAW § 400(1-a), (7); PUBLIC OFFICERS LAW § 42(1); L 1992 CH 254; L 1976, CH 763; L 1975 CH 149.The person elected in November 1995 to fill the vacancy in the office of district attorney of Rockland County will serve for a full four year term.Dear Mr. Nowicki: You have informed us that effective May 3, 1995, your district attorney tendered his resignation to the Governor.(fn1) You have requested our opinion as to whether the person elected district attorney in November of 1995 will fill the unexpired term of his predecessor or will serve for a full four year term. Your former district attorney was elected in November 1993 to serve a four year term commencing January 1, 1994. The State Constitution provides for a district attorney to be chosen by the electors once in every three or four years as directed by the Legislature. NY Const Art XIII § 13(a). The Legislature has provided that the term of office of district attorney of each county outside of New York City "shall be four years commencing on the first day of January following the general election for district attorney in each respective county". County Law § 400(1-a). This language reflects an amendment in 1992. L 1992, ch 254. Vacancies in an elective county office, including district attorney, are to be filled by the Governor by appointment. Id., § 400(7). In the case of an elective office, no person appointed to fill a vacancy "shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy". NY Const Art XIII, § 3. This provision has been implemented by State law, providing that a vacancy occurring before September 20th of any year in any office authorized to be filled at the general election is to be filled at the next general election. Public Office Law § 42(1). Thus, it is clear under these provisions that the Governor's appointee to fill the office of district attorney may hold office only through December 31, 1995 and an election must be held to fill the office in November of 1995. Your question is...