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Appointment & Qualifications

Which statement about vacancy of office is NOT correct?

A

A nonresident who accepts the office appoints the Secretary of State as the person on whom process may be served.

B

A resident who moves out of state and keeps no New York office or place of business vacates the office.

C

A nonresident who ceases to have a New York office or place of business vacates the office.

D

A resident who moves out of New York automatically keeps the office for the rest of the term even without a New York office.

Correct Answer

D. A resident who moves out of New York automatically keeps the office for the rest of the term even without a New York office.

AI Explanation

Office retention depends on continued New York connection. Executive Law §130 says a resident who moves out of state without retaining a New York office or place of business vacates the office, and a nonresident who loses the New York office also vacates it. For contrast, only a resident who moves out but keeps a New York office or place of business avoids automatic vacation.

Appointment & Qualifications Question #477
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