Formal Opinion No.

Hon. Evan A. Davis Counsel to the Governor

You have informed us that Mario Biaggi has officially resigned from his position as representative of the 19th Congressional District through letter accepted by the Secretary of State on August 24, 1988 (see Public Officers Law, § 31). You have requested our advice concerning the procedure for filling the vacancy in this office.

Under the United States Constitution, members of the House of Representatives are chosen every second year by the people of the states (Art I, § 2, cl 1). When vacancies occur in the office of representative from any state "the…