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This entry was published on 2014-09-22
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SECTION 35
Abolition of certain courts; disposal of records; transfer of judges, justices, court personnel and pending actions and proceedings
Constitution (CNS) CHAPTER , ARTICLE VI
§ 35. a. The children's courts, the court of general sessions of the
county of New York, the county courts of the counties of Bronx, Kings,
Queens and Richmond, the city court of the city of New York, the
domestic relations court of the city of New York, the municipal court of
the city of New York, the court of special sessions of the city of New
York and the city magistrates' courts of the city of New York are
abolished from and after the effective date of this article and
thereupon the seals, records, papers and documents of or belonging to
such courts shall, unless otherwise provided by law, be deposited in the
offices of the clerks of the several counties in which these courts now
exist.

b. The judges of the county court of the counties of Bronx, Kings,
Queens and Richmond and the judges of the court of general sessions of
the county of New York in office on the effective date of this article
shall, for the remainder of the terms for which they were elected or
appointed, be justices of the supreme court in and for the judicial
district which includes the county in which they resided on that date.
The salaries of such justices shall be the same as the salaries of the
other justices of the supreme court residing in the same judicial
district and shall be paid in the same manner. All actions and
proceedings pending in the county court of the counties of Bronx, Kings,
Queens and Richmond and in the court of general sessions of the county
of New York on the effective date of this article shall be transferred
to the supreme court in the county in which the action or proceedings
was pending, or otherwise as may be provided by law.

c. The legislature shall provide by law that the justices of the city
court of the city of New York and the justices of the municipal court of
the city of New York in office on the date such courts are abolished
shall, for the remainder of the term for which each was elected or
appointed, be judges of the city-wide court of civil jurisdiction of the
city of New York established pursuant to section fifteen of this article
and for such district as the legislature may determine.

d. The legislature shall provide by law that the justices of the court
of special sessions and the magistrates of the city magistrates' courts
of the city of New York in office on the date such courts are abolished
shall, for the remainder of the term for which each was appointed, be
judges of the city-wide court of criminal jurisdiction of the city of
New York established pursuant to section fifteen provided, however, that
each term shall expire on the last day of the year in which it would
have expired except for the provisions of this article.

e. All actions and proceedings pending in the city court of the city
of New York and the municipal court in the city of New York on the date
such courts are abolished shall be transferred to the city-wide court of
civil jurisdiction of the city of New York established pursuant to
section fifteen of this article or as otherwise provided by law.

f. All actions and proceedings pending in the court of special
sessions of the city of New York and the city magistrates' courts of the
city of New York on the date such courts are abolished shall be
transferred to the city-wide court of criminal jurisdiction of the city
of New York established pursuant to section fifteen of this article or
as otherwise provided by law.

g. The special county judges of the counties of Broome, Chautauqua,
Jefferson, Oneida and Rockland and the judges of the children's courts
in all counties outside the city of New York in office on the effective
date of this article shall, for the remainder of the terms for which
they were elected or appointed, be judges of the family court in and for
the county in which they hold office. Except as otherwise provided in
this section, the office of special county judge and the office of
special surrogate is abolished from and after the effective date of this
article and the terms of the persons holding such offices shall
terminate on that date.

h. All actions and proceedings pending in the children's courts in
counties outside the city of New York on the effective date of this
article shall be transferred to the family court in the respective
counties.

i. The justices of the domestic relations court of the city of New
York in office on the effective date of this article shall, for the
remainder of the terms for which they were appointed, be judges of the
family court within the city of New York.

j. All actions and proceedings pending in the domestic relations court
of the city of New York on the effective date of this article shall be
transferred to the family court in the city of New York.

k. The office of official referee is abolished, provided, however,
that official referees in office on the effective date of this article
shall, for the remainder of the terms for which they were appointed or
certified, be official referees of the court in which appointed or
certified or the successor court, as the case may be. At the expiration
of the term of any official referee, his or her office shall be
abolished and thereupon such former official referee shall be subject to
the relevant provisions of section twenty-five of this article.

l. As may be provided by law, the non-judicial personnel of the courts
affected by this article in office on the effective date of this article
shall, to the extent practicable, be continued without diminution of
salaries and with the same status and rights in the courts established
or continued by this article; and especially skilled, experienced and
trained personnel shall, to the extent practicable, be assigned to like
functions in the courts which exercise the jurisdiction formerly
exercised by the courts in which they were employed. In the event that
the adoption of this article shall require or make possible a reduction
in the number of non-judicial personnel, or in the number of certain
categories of such personnel, such reduction shall be made, to the
extent practicable, by provision that the death, resignation, removal or
retirement of an employee shall not create a vacancy until the reduced
number of personnel has been reached.

m. In the event that a judgment or order was entered before the
effective date of this article and a right of appeal existed and notice
of appeal therefrom is filed after the effective date of this article,
such appeal shall be taken from the supreme court, the county courts,
the surrogate's courts, the children's courts, the court of general
sessions of the county of New York and the domestic relations court of
the city of New York to the appellate division of the supreme court in
the judicial department in which such court was located; from the court
of claims to the appellate division of the supreme court in the third
judicial department, except for those claims which arose in the fourth
judicial department, in which case the appeal shall be to the appellate
division of the supreme court in the fourth judicial department; from
the city court of the city of New York, the municipal court of the city
of New York, the court of special sessions of the city of New York and
the city magistrates' courts of the city of New York to the appellate
division of the supreme court in the judicial department in which such
court was located, provided, however, that such appellate division of
the supreme court may transfer any such appeal to an appellate term, if
such appellate term be established; and from the district court, town,
village and city courts outside the city of New York to the county court
in the county in which such court was located, provided, however, that
the legislature may require the transfer of any such appeal to an
appellate term, if such appellate term be established. Further appeal
from a decision of a county court or an appellate term or the appellate
division of the supreme court shall be governed by the provisions of
this article. However, if in any action or proceeding decided prior to
the effective date of this article, a party had a right of direct appeal
from a court of original jurisdiction to the court of appeals, such
appeal may be taken directly to the court of appeals.

n. In the event that an appeal was decided before the effective date
of this article and a further appeal could be taken as of right and
notice of appeal therefrom is filed after the effective date of this
article, such appeal may be taken from the appellate division of the
supreme court to the court of appeals and from any other court to the
appellate division of the supreme court. Further appeal from a decision
of the appellate division of the supreme court shall be governed by the
provisions of this article. If a further appeal could not be taken as of
right, such appeal shall be governed by the provisions of this article.