§ 35 — Abolition of certain courts; disposal of records; transfer of judges, justices, court personnel and pending actions and proceedings

§ 35. a. The children's courts, the court of general sessions of the\ncounty of New York, the county courts of the counties of Bronx, Kings,\nQueens and Richmond, the city court of the city of New York, the\ndomestic relations court of the city of New York, the municipal court of\nthe city of New York, the court of special sessions of the city of New\nYork and the city magistrates' courts of the city of New York are\nabolished from and after the effective date of this article and\nthereupon the seals, records, papers and documents of or belonging to\nsuch courts shall, unless otherwise provided by law, be deposited in the\noffices of the clerks of the several counties in which these courts now\nexist.\n b. The judges of the county court of the counties of Bronx, Kings,\nQueens and Richmond and the judges of the court of general sessions of\nthe county of New York in office on the effective date of this article\nshall, for the remainder of the terms for which they were elected or\nappointed, be justices of the supreme court in and for the judicial\ndistrict which includes the county in which they resided on that date.\nThe salaries of such justices shall be the same as the salaries of the\nother justices of the supreme court residing in the same judicial\ndistrict and shall be paid in the same manner. All actions and\nproceedings pending in the county court of the counties of Bronx, Kings,\nQueens and Richmond and in the court of general sessions of the county\nof New York on the effective date of this article shall be transferred\nto the supreme court in the county in which the action or proceedings\nwas pending, or otherwise as may be provided by law.\n c. The legislature shall provide by law that the justices of the city\ncourt of the city of New York and the justices of the municipal court of\nthe city of New York in office on the date such courts are abolished\nshall, for the remainder of the term for which each was elected or\nappointed, be judges of the city-wide court of civil jurisdiction of the\ncity of New York established pursuant to section fifteen of this article\nand for such district as the legislature may determine.\n d. The legislature shall provide by law that the justices of the court\nof special sessions and the magistrates of the city magistrates' courts\nof the city of New York in office on the date such courts are abolished\nshall, for the remainder of the term for which each was appointed, be\njudges of the city-wide court of criminal jurisdiction of the city of\nNew York established pursuant to section fifteen provided, however, that\neach term shall expire on the last day of the year in which it would\nhave expired except for the provisions of this article.\n e. All actions and proceedings pending in the city court of the city\nof New York and the municipal court in the city of New York on the date\nsuch courts are abolished shall be transferred to the city-wide court of\ncivil jurisdiction of the city of New York established pursuant to\nsection fifteen of this article or as otherwise provided by law.\n f. All actions and proceedings pending in the court of special\nsessions of the city of New York and the city magistrates' courts of the\ncity of New York on the date such courts are abolished shall be\ntransferred to the city-wide court of criminal jurisdiction of the city\nof New York established pursuant to section fifteen of this article or\nas otherwise provided by law.\n g. The special county judges of the counties of Broome, Chautauqua,\nJefferson, Oneida and Rockland and the judges of the children's courts\nin all counties outside the city of New York in office on the effective\ndate of this article shall, for the remainder of the terms for which\nthey were elected or appointed, be judges of the family court in and for\nthe county in which they hold office. Except as otherwise provided in\nthis section, the office of special county judge and the office of\nspecial surrogate is abolished from and after the effective date of this\narticle and the terms of the persons holding such offices shall\nterminate on that date.\n h. All actions and proceedings pending in the children's courts in\ncounties outside the city of New York on the effective date of this\narticle shall be transferred to the family court in the respective\ncounties.\n i. The justices of the domestic relations court of the city of New\nYork in office on the effective date of this article shall, for the\nremainder of the terms for which they were appointed, be judges of the\nfamily court within the city of New York.\n j. All actions and proceedings pending in the domestic relations court\nof the city of New York on the effective date of this article shall be\ntransferred to the family court in the city of New York.\n k. The office of official referee is abolished, provided, however,\nthat official referees in office on the effective date of this article\nshall, for the remainder of the terms for which they were appointed or\ncertified, be official referees of the court in which appointed or\ncertified or the successor court, as the case may be. At the expiration\nof the term of any official referee, his or her office shall be\nabolished and thereupon such former official referee shall be subject to\nthe relevant provisions of section twenty-five of this article.\n l. As may be provided by law, the non-judicial personnel of the courts\naffected by this article in office on the effective date of this article\nshall, to the extent practicable, be continued without diminution of\nsalaries and with the same status and rights in the courts established\nor continued by this article; and especially skilled, experienced and\ntrained personnel shall, to the extent practicable, be assigned to like\nfunctions in the courts which exercise the jurisdiction formerly\nexercised by the courts in which they were employed. In the event that\nthe adoption of this article shall require or make possible a reduction\nin the number of non-judicial personnel, or in the number of certain\ncategories of such personnel, such reduction shall be made, to the\nextent practicable, by provision that the death, resignation, removal or\nretirement of an employee shall not create a vacancy until the reduced\nnumber of personnel has been reached.\n m. In the event that a judgment or order was entered before the\neffective date of this article and a right of appeal existed and notice\nof appeal therefrom is filed after the effective date of this article,\nsuch appeal shall be taken from the supreme court, the county courts,\nthe surrogate's courts, the children's courts, the court of general\nsessions of the county of New York and the domestic relations court of\nthe city of New York to the appellate division of the supreme court in\nthe judicial department in which such court was located; from the court\nof claims to the appellate division of the supreme court in the third\njudicial department, except for those claims which arose in the fourth\njudicial department, in which case the appeal shall be to the appellate\ndivision of the supreme court in the fourth judicial department; from\nthe city court of the city of New York, the municipal court of the city\nof New York, the court of special sessions of the city of New York and\nthe city magistrates' courts of the city of New York to the appellate\ndivision of the supreme court in the judicial department in which such\ncourt was located, provided, however, that such appellate division of\nthe supreme court may transfer any such appeal to an appellate term, if\nsuch appellate term be established; and from the district court, town,\nvillage and city courts outside the city of New York to the county court\nin the county in which such court was located, provided, however, that\nthe legislature may require the transfer of any such appeal to an\nappellate term, if such appellate term be established. Further appeal\nfrom a decision of a county court or an appellate term or the appellate\ndivision of the supreme court shall be governed by the provisions of\nthis article. However, if in any action or proceeding decided prior to\nthe effective date of this article, a party had a right of direct appeal\nfrom a court of original jurisdiction to the court of appeals, such\nappeal may be taken directly to the court of appeals.\n n. In the event that an appeal was decided before the effective date\nof this article and a further appeal could be taken as of right and\nnotice of appeal therefrom is filed after the effective date of this\narticle, such appeal may be taken from the appellate division of the\nsupreme court to the court of appeals and from any other court to the\nappellate division of the supreme court. Further appeal from a decision\nof the appellate division of the supreme court shall be governed by the\nprovisions of this article. If a further appeal could not be taken as of\nright, such appeal shall be governed by the provisions of this article.\n