§ 41. State commission of correction; organization. 1. There shall be within the executive department a state commission of correction. It shall consist of three persons to be appointed by the governor, by and with the advice and consent of the senate. The governor shall designate one of the appointed members as chairman to serve as such at the pleasure of the governor. The members shall devote full time to their duties and shall hold no other salaried public position.

Terms Used In N.Y. Correction Law 41

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Commission: means the state commission of correction. See N.Y. Correction Law 40

2. The members shall hold office for terms of five years; provided that of the three members first appointed, one shall serve for a term of two years, one shall serve for a term of three years and one shall serve for a term of five years from January first next succeeding their appointment. No member shall serve for more than ten years. Any member of the commission may be removed by the governor for cause after an opportunity to be heard in his defense.

3. Any member chosen to fill a vacancy created other than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of term or otherwise shall be filled in the same manner as original appointments.

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