New York A 3877: Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court

Bill Text

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A03877 Summary:

BILL NOA03877 

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SAME ASNo Same As

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SPONSORDinowitz

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COSPNSRBichotte Hermelyn, Reyes, Taylor, Simon, Giglio, Blankenbush, Fall, Seawright, Rajkumar, Rosenthal,
 Tannousis, Rozic, Jones, Rivera, Davila, Jackson, Burdick, Braunstein, Morinello

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MLTSPNSR

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Amd §§114 & 115, Judy L

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Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.

Go to top A03877 Actions:

BILL NOA03877 

&nbsp

01/30/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03877 Committee&nbspVotes:

Go to topA03877 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03877 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3877

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. DINOWITZ, BICHOTTE HERMELYN, REYES, TAYLOR,
 SIMON, GIGLIO, BLANKENBUSH, FALL, SEAWRIGHT, RAJKUMAR, ROSENTHAL,
 TANNOUSIS, ROZIC, JONES, RIVERA, DAVILA, JACKSON, BURDICK, BRAUNSTEIN,
 MORINELLO -- read once and referred to the Committee on Judiciary

 AN ACT to amend the judiciary law, in relation to making technical
 changes to provisions providing for certification for service as a
 retired judge of the court of appeals or a retired justice of the
 supreme court

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 114 of the judiciary law, as added by chapter 704
 2 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
 3 of 1981, is amended to read as follows:
 4 § 114. Retired judges of the court of appeals. 1. Any judge of the
 5 court of appeals, retired pursuant to subdivision b of section twenty-
 6 five of article six of the constitution, [may] shall, upon [his] their
 7 application, be certified by the administrative board for service as a
 8 justice of the supreme court upon findings (a) that [he] such retired
 9 judge has the mental and physical capacity to perform the duties of such
 10 office and (b) that [his] such retired judge's services are necessary to
 11 expedite the business of the supreme court. A copy of such certificate
 12 shall be filed with the appellate division of the department in which
 13 such retired judge resides and in the office of court administration.
 14 2. Any such certification shall be valid for a term of two years
 15 beginning on the date of filing the certificate. At the expiration of
 16 such term, the retired judge [may] shall be certified for additional
 17 terms of two years each by the administrative board upon findings of
 18 continued mental and physical capacity and need for [his] their
 19 services. No retired judge may serve under any such certification beyond
 20 the last day of December in the year in which [he] such retired judge
 21 reaches the age of seventy-six.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07286-01-5

 A. 3877 2

 1 3. A retired judge so certified shall for all purposes, other than
 2 determining the number of justices in a judicial district for the
 3 purposes of subdivision d of section six of article six of the constitu-
 4 tion and section one hundred forty-a of this chapter, but including
 5 powers, duties, salary, status and rights, be a justice of the supreme
 6 court in the district in which [he] such retired judge resides when so
 7 certified. A retired judge shall be subject to assignment by the appel-
 8 late division of the supreme court of the judicial department of [his]
 9 their residence.
 10 4. The provisions of this section shall also be applicable to a judge
 11 who has not yet reached the age of seventy-six and who reached the age
 12 of seventy and retired as a judge of the court of appeals prior to the
 13 effective date of this section.
 14 § 2. Section 115 of the judiciary law, as added by chapter 704 of the
 15 laws of 1962, subdivision 1 as amended by chapter 751 of the laws of
 16 1981, is amended to read as follows:
 17 § 115. Retired justices of the supreme court. 1. Any justice of the
 18 supreme court, retired pursuant to subdivision b of