N.Y. Pub. Health Law § 360

§ 360. Certain cities; department of public health; establishment. 1.\nThe common council or similar legislative body of each city having a\npopulation of less than one hundred seventy-five thousand which has not\nby special law established a department of health, is hereby authorized\nand empowered by ordinance to abolish its board of health and in its\nplace to create, establish and maintain a department of public health.\n 2. The commissioner of health in cities having a population of fifty\nthousand to one hundred seventy-five thousand, and the health officer in\ncities having a population of less than fifty thousand shall be the head\nof such department.\n