Assembly Bill A5983

Signed By Governor
2023-2024 Legislative Session

Provides for appointments to the office of associate judge of the court of appeals

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6061 - Signed by Governor

  • 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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2023-A5983 (ACTIVE) - Details

See Senate Version of this Bill:
S6061
Law Section:
Judiciary Law
Laws Affected:
Amd §68, Judy L

2023-A5983 (ACTIVE) - Summary

Provides for appointments to the office of associate judge of the court of appeals where the vacancy is caused by governor's appointment, upon advice and consent of the senate, for chief judge of the court of appeals.

2023-A5983 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5983
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2023
                                ___________
 
 Introduced  by  M.  of A. LAVINE -- (at request of the Governor) -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  appointments  to  the
   office of associate judge of the court of appeals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 68 of the judiciary law is amended by adding a  new
 subdivision 2-a to read as follows:
   2-A.  WHENEVER  THE GOVERNOR'S APPOINTMENT, UPON ADVICE AND CONSENT OF
 THE SENATE, FOR CHIEF JUDGE OF THE COURT OF APPEALS, CAUSES A VACANCY IN
 THE OFFICE OF ASSOCIATE JUDGE OF THE COURT OF APPEALS, THE GOVERNOR  MAY
 MAKE  AN  APPOINTMENT  FOR  THE  ASSOCIATE  JUDGE VACANCY FROM AMONG THE
 COMMISSION'S RECOMMENDATIONS FOR  THE  PRECEDING  CHIEF  JUDGE  VACANCY,
 PROVIDED  THAT THE ASSOCIATE JUDGE VACANCY OCCURS WITHIN SIXTY DAYS FROM
 THE PROMULGATION OF RECOMMENDATIONS BY THE COMMISSION FOR THE  PRECEDING
 CHIEF  JUDGE VACANCY. THE GOVERNOR MAY MAKE SUCH APPOINTMENT IMMEDIATELY
 UPON THE OCCURRENCE OF THE ASSOCIATE JUDGE VACANCY. IF THE GOVERNOR DOES
 NOT APPOINT A NOMINEE FROM AMONG THOSE  RECOMMENDED  FOR  THE  PRECEDING
 CHIEF JUDGE VACANCY WITHIN FIFTEEN DAYS OF THE OCCURRENCE OF THE ASSOCI-
 ATE  JUDGE  VACANCY,  OR UPON NOTICE FROM THE GOVERNOR, WHICHEVER OCCURS
 SOONER, THE CLERK OF THE COURT OF APPEALS SHALL NOTIFY THE COMMISSION OF
 THE VACANCY.  NOTWITHSTANDING ANY OTHER LIMITATIONS OF TIME  ESTABLISHED
 BY  THIS  SECTION,  THE COMMISSION SHALL MAKE ITS RECOMMENDATIONS TO THE
 GOVERNOR NO LATER THAN ONE HUNDRED TWENTY DAYS  AFTER  RECEIPT  OF  SUCH
 NOTICE,  AND  THE  GOVERNOR SHALL MAKE HIS OR HER APPOINTMENT FROM AMONG
 THOSE PERSONS RECOMMENDED TO HIM OR HER BY THE COMMISSION NO SOONER THAN
 FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER  RECEIPT  OF  THE  COMMIS-
 SION'S RECOMMENDATIONS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12004-01-3

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