Assembly Bill A10470

2021-2022 Legislative Session

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

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Archive: Last Bill Status Via S9341 - Passed Assembly


  • 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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2021-A10470 (ACTIVE) - Details

See Senate Version of this Bill:
S9341
Law Section:
Judiciary Law
Laws Affected:
Amd §§114 & 115, Judy L
Versions Introduced in 2023-2024 Legislative Session:
A3339

2021-A10470 (ACTIVE) - Summary

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.

2021-A10470 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10470
 
                           I N  A S S E M B L Y
 
                               May 26, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
   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:
 
   Section  1.  Section 114 of the judiciary law, as added by chapter 704
 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
 of 1981, is amended to read as follows:
   § 114. Retired judges of the court of appeals.   1. Any judge  of  the
 court  of  appeals, retired pursuant to subdivision b of section twenty-
 five of article six of the constitution, [may] SHALL, upon  his  OR  HER
 application,  be  certified by the administrative board for service as a
 justice of the supreme court upon findings (a) that he OR  SHE  has  the
 mental  and  physical  capacity to perform the duties of such office and
 (b) that his OR HER services are necessary to expedite the  business  of
 the  supreme  court.  A copy of such certificate shall be filed with the
 appellate division of the department in which such retired judge resides
 and in the office of court administration.
   2. Any such certification shall be valid  for  a  term  of  two  years
 beginning  on  the  date of filing the certificate. At the expiration of
 such term, the retired judge [may] SHALL  be  certified  for  additional
 terms  of  two  years  each by the administrative board upon findings of
 continued mental and physical capacity and need for his OR HER services.
 No retired judge may serve under any such certification beyond the  last
 day of December in the year in which he OR SHE reaches the age of seven-
 ty-six.
   3.  A  retired  judge  so certified shall for all purposes, other than
 determining the number of  justices  in  a  judicial  district  for  the
 purposes of subdivision d of section six of article six of the constitu-
 tion  and  section  one  hundred  forty-a of this chapter, but including
 powers, duties, salary, status and rights, be a justice of  the  supreme
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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