New York Judiciary Law Section 7-C - Continuance of special proceeding before another officer.

7-c. Continuance of special proceeding before another officer. In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before or in the court of

1. the officer's successor, or

2. if there is no successor capable of acting, any other officer residing in the same county before whom it might have been originally instituted, or

3. if there is neither a successor nor an officer specified in paragraph two capable of acting, an officer in an adjoining county who would originally have had jurisdiction of the subject matter had it occurred or existed in the latter county. An officer substituted, as prescribed by law, to continue a special proceeding instituted before another, may exercise all powers in the special proceeding, as if it had been originally instituted before him.

Last modified: February 3, 2019