Legislation
SECTION 115
Retired justices of the supreme court
Judiciary (JUD) CHAPTER 30, ARTICLE 4-A
§ 115. Retired justices of the supreme court. 1. Any justice of the
supreme court, retired pursuant to subdivision b of section twenty-five
of article six of the constitution, may, upon his application, be
certified by the administrative board for service as a retired justice
of the supreme court upon findings (a) that he has the mental and
physical capacity to perform the duties of such office and (b) that his
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 justice 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 justice may 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 services. No retired
justice may serve under any such certification beyond the last day of
December in the year in which he reaches the age of seventy-six.
3. A retired justice 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
constitution and section one hundred forty-a of this chapter, but
including powers, duties, salary, status and rights, be a justice of the
supreme court in the district in which he resides when so certified. A
retired justice shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a
justice of the supreme court, a judge of the county court of a county
within the city of New York, and a judge of the court of general
sessions of the county of New York who has not yet reached the age of
seventy-six and who reached the age of seventy and retired as such
justice or judge prior to the effective date of this section.
supreme court, retired pursuant to subdivision b of section twenty-five
of article six of the constitution, may, upon his application, be
certified by the administrative board for service as a retired justice
of the supreme court upon findings (a) that he has the mental and
physical capacity to perform the duties of such office and (b) that his
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 justice 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 justice may 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 services. No retired
justice may serve under any such certification beyond the last day of
December in the year in which he reaches the age of seventy-six.
3. A retired justice 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
constitution and section one hundred forty-a of this chapter, but
including powers, duties, salary, status and rights, be a justice of the
supreme court in the district in which he resides when so certified. A
retired justice shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a
justice of the supreme court, a judge of the county court of a county
within the city of New York, and a judge of the court of general
sessions of the county of New York who has not yet reached the age of
seventy-six and who reached the age of seventy and retired as such
justice or judge prior to the effective date of this section.