§ 114 — Retired judges of the court of appeals

§ 114. Retired judges of the court of appeals. 1. Any judge of the\ncourt of appeals, retired pursuant to subdivision b of section\ntwenty-five of article six of the constitution, may, upon his\napplication, be certified by the administrative board for service as a\njustice of the supreme court upon findings (a) that he has the mental\nand physical capacity to perform the duties of such office and (b) that\nhis services are necessary to expedite the business of the supreme\ncourt. A copy of such certificate shall be filed with the appellate\ndivision of the department in which such retired judge resides and in\nthe office of court administration.\n 2. Any such certification shall be valid for a term of two years\nbeginning on the date of filing the certificate. At the expiration of\nsuch term, the retired judge may be certified for additional terms of\ntwo years each by the administrative board upon findings of continued\nmental and physical capacity and need for his services. No retired judge\nmay serve under any such certification beyond the last day of December\nin the year in which he reaches the age of seventy-six.\n 3. A retired judge so certified shall for all purposes, other than\ndetermining the number of justices in a judicial district for the\npurposes of subdivision d of section six of article six of the\nconstitution and section one hundred forty-a of this chapter, but\nincluding powers, duties, salary, status and rights, be a justice of the\nsupreme court in the district in which he resides when so certified. A\nretired judge shall be subject to assignment by the appellate division\nof the supreme court of the judicial department of his residence.\n 4. The provisions of this section shall also be applicable to a judge\nwho has not yet reached the age of seventy-six and who reached the age\nof seventy and retired as a judge of the court of appeals prior to the\neffective date of this section.\n