§ 115 — Retired justices of the supreme court

New York § 115

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 4-A: Official Referees

Text

§ 115. Retired justices of the supreme court. 1. Any justice of the\nsupreme court, retired pursuant to subdivision b of section twenty-five\nof article six of the constitution, may, upon his application, be\ncertified by the administrative board for service as a retired justice\nof the supreme court upon findings (a) that he has the mental and\nphysical capacity to perform the duties of such office and (b) that his\nservices are necessary to expedite the business of the supreme court. A\ncopy of such certificate shall be filed with the appellate division of\nthe department in which such retired justice resides and in the office\nof 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 justice 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\njustice may serve under any such certification beyond the last day of\nDecember in the year in which he reaches the age of seventy-six.\n 3. A retired justice 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 justice 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\njustice of the supreme court, a judge of the county court of a county\nwithin the city of New York, and a judge of the court of general\nsessions of the county of New York who has not yet reached the age of\nseventy-six and who reached the age of seventy and retired as such\njustice or judge prior to the effective date of this section.\n