New York Consolidated Laws, Transportation Law - TRA § 11. Department of transportation;  commissioner

There shall be in the state government a department of transportation.  The head of the department shall be the commissioner of transportation, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and has qualified.

The commissioner of transportation shall have sole charge of the administration of the department.