§ 202. Superintendent. (a) The head of the department shall be the
superintendent of financial services, who shall be appointed by the
governor, by and with the advice and consent of the senate, and who
shall hold office at the pleasure of the governor. The superintendent
shall possess the rights, powers, and duties in connection with
financial services and protection in this state, expressed or reasonably
implied by this chapter or any other applicable law of this state.

(b) The superintendent may, in the superintendent's discretion,
designate one of the superintendent's deputies to act as superintendent
during the superintendent's absence or inability to act. If the office
of superintendent is vacant, or if the superintendent's absence or
inability to act continues for a period of more than thirty successive
days, the governor may designate a deputy to act as superintendent until
the filling of the vacancy or the return or recovery of the
superintendent.

(c) Whenever in this chapter, the banking law, the insurance law or
any other law the superintendent is authorized but not required to take
any action or the superintendent's approval is required as a condition
precedent to the doing of any act, the taking of such action and the
giving of such approval shall be within the superintendent's sound
discretion. In taking any action with respect to any banking
organization, and in approving or disapproving any application made by a
banking organization, the superintendent shall give due consideration to
the policy of the state of New York as set forth in section ten of the
banking law.