N.Y. PBH Law § 360
Certain cities; department of public health; establishment
§ 360. Certain cities; department of public health; establishment. 1.
The common council or similar legislative body of each city having a
population of less than one hundred seventy-five thousand which has not
by special law established a department of health, is hereby authorized
and empowered by ordinance to abolish its board of health and in its
place to create, establish and maintain a department of public health.
2. The commissioner of health in cities having a population of fifty
thousand to one hundred seventy-five thousand, and the health officer in
cities having a population of less than fifty thousand shall be the head
of such department.