§ 402. Oath of office. Every officer paid his compensation from county
funds shall take and file an official oath in the manner prescribed in
section ten of the public officers law. The refusal or neglect to take
and file such oath within the time prescribed by section thirty of the
public officers law, except in the cases of the sheriff, county clerk
and district attorney, shall be deemed a refusal to serve and the office
may be filled as in the case of a vacancy. Until the sheriff, county
clerk or district attorney shall take and file the required oath, he
shall not perform any duties of the office, nor be entitled to any
compensation.