N.Y. Jud. Law § 180

§ 180. Surrogates, New York county; vacancies. When the official term\nof either surrogate of New York county will expire at the close of any\nyear by the effluxion of time or the disability of age, the successor of\neach surrogate shall be chosen at the preceding general election.\nVacancies otherwise occurring shall be filled for a full term at the\nnext general election happening not less than three months after such\nvacancy occurs; and until any such vacancy shall be so filled, the\ngovernor, by and with the advice and consent of the senate if the senate\nshall be in session, may appoint and fill such vacancy, or if not in\nsession the governor may appoint and fill such vacancy. Any such\nappointment shall continue until and including the last day of December\nnext after the election at which the vacancy shall be filled.\n