N.Y. Pub. Off. Law § 41

§ 41. Vacancies filled by legislature. When a vacancy occurs or\nexists, other than by removal, in the office of comptroller or\nattorney-general, or a resignation of either such officer to take effect\nat any future day shall have been made while the legislature is in\nsession, the two houses thereof, by joint ballot, shall appoint a person\nto fill such actual or prospective vacancy.\n