Senate Bill S7648

2009-2010 Legislative Session

Relates to vacancies of the court of appeals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7648 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld Art 6 §2 subs c, d, e & f, amd Art 6 §2, Constn

2009-S7648 (ACTIVE) - Summary

Relates to vacancies of the court of appeals.

2009-S7648 (ACTIVE) - Sponsor Memo

2009-S7648 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7648

                            I N  S E N A T E

                             April 28, 2010
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 6 of the constitution  in
  relation  to vacancies of the court of appeals; and to repeal subdivi-
  sions c, d, e and f of section 2 of  article  6  of  the  constitution
  relating thereto

  Section  1. Resolved (if the Assembly concur), That subdivisions c, d,
e and f of section 2 of article 6 of the constitution are REPEALED.
  S 2. Resolved (if the Assembly concur), That section 2 of article 6 of
the constitution be amended to read as follows:
  S 2. a. The court of appeals is continued. It  shall  consist  of  the
chief  judge  and  the  six  elected associate judges now in office, who
shall hold their offices until the expiration of their respective terms,
and their successors, WHO SHALL BE CHOSEN BY THE ELECTORS OF  THE  STATE
and  such justices of the supreme court as may be designated for service
in said court as hereinafter provided. The official terms of  the  chief
judge  and the six ELECTED associate judges shall be fourteen years FROM
AND INCLUDING THE FIRST DAY OF JANUARY NEXT AFTER THEIR ELECTION.
  Five members of the court shall constitute a quorum, and  the  concur-
rence  of  four shall be necessary to a decision; but no more than seven
judges shall sit in any case.  In  case  of  the  temporary  absence  or
inability  to  act  of  any judge of the court of appeals, the court may
designate any justice of the supreme court to serve as  associate  judge
of  the  court  during such absence or inability to act. The court shall
have power to appoint and to remove its clerk. The powers and  jurisdic-
tion  of  the  court shall not be suspended for want of appointment when
the number of judges is sufficient to constitute a quorum.
  b. Whenever and as often as the court of appeals shall certify to  the
governor  that  the  court  is  unable, by reason of the accumulation of
causes pending therein, to hear and dispose of the same with  reasonable
speed,  the  governor  shall  designate  such  number of justices of the
supreme court as may be so certified to be necessary, but not more  than
four, to serve as associate judges of the court of appeals. The justices
so  designated shall be relieved, while so serving, from their duties as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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