What is the test for an independent officer under section 22 of the New York State Constitution?

The requirement that a statute create the position and delineate its duties is applicable, not to the category of 'deputy', but to the category of 'independent office', a judicially created exception to the operation os section 22. This was pointed out by our opinion in O'Day v. Yeager, 308 N.Y. 580, 586, 127 N.E.2d 585, 586, where, in attempting to formulate a general guide to aid in the determination of what persons were independent officers, we said: 'he is an independent officer whose position is created, and whose powers and duties are prescribed, by statute and who exercises a high degree of intiative and independent judgment'.

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