§ 68. Procedures when vacancies occur.
1.Whenever a vacancy will\noccur in the office of chief judge or associate judge of the court of\nappeals by expiration of term:\n (a) on December thirty-first in a year fixed by the constitution for\nthe election of the governor, the clerk of the court of appeals shall\nnotify the commission of the anticipated vacancy no later than May\nfirst. The commission shall make its recommendations to the\ngovernor-elect, on December first. The governor shall make his\nappointment from among those persons recommended to him by the\ncommission no sooner than January first nor later than January fifteenth\nthereafter; or\n (b) on December thirty-first in a year fixed by the constitution for\nthe election of members of the senate but not the governor, the cl
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§ 68. Procedures when vacancies occur. 1. Whenever a vacancy will\noccur in the office of chief judge or associate judge of the court of\nappeals by expiration of term:\n (a) on December thirty-first in a year fixed by the constitution for\nthe election of the governor, the clerk of the court of appeals shall\nnotify the commission of the anticipated vacancy no later than May\nfirst. The commission shall make its recommendations to the\ngovernor-elect, on December first. The governor shall make his\nappointment from among those persons recommended to him by the\ncommission no sooner than January first nor later than January fifteenth\nthereafter; or\n (b) on December thirty-first in a year fixed by the constitution for\nthe election of members of the senate but not the governor, the clerk of\nthe court of appeals shall notify the commission of the anticipated\nvacancy no later than May first. The commission shall make its\nrecommendations to the governor on December first. The governor shall\nmake his appointment from among those persons recommended to him by the\ncommission no sooner than January first nor later than January fifteenth\nthereafter; or\n (c) on December thirty-first in any other year, the clerk of the court\nof appeals shall notify the commission of the anticipated vacancy no\nlater than May first. The commission shall make its recommendations to\nthe governor no later than October fifteenth. The governor shall make\nhis appointment from among those persons recommended to him by the\ncommission no sooner than November fifteenth nor later than December\nfirst thereafter; or\n (d) on any other date, the clerk of the court of appeals shall notify\nthe commission of the anticipated vacancy no later than eight months\nprior to the date such vacancy will occur. The commission shall make its\nrecommendations to the governor no later than sixty days prior to the\ndate of such vacancy. The governor shall make his appointment from among\nthose persons recommended to him by the commission no sooner than\nfifteen nor more than thirty days after receipt of the commission's\nrecommendations.\n 2. Whenever a vacancy occurs other than by expiration of term, the\nclerk of the court of appeals shall immediately notify the commission of\nsuch vacancy. The commission shall make its recommendations to the\ngovernor no later than one hundred twenty days after receipt of such\nnotice. The governor shall make his appointment from among those persons\nrecommended to him by the commission no sooner than fifteen days nor\nlater than thirty days after receipt of the commission's\nrecommendations.\n 2-a. Whenever the governor's appointment, upon advice and consent of\nthe senate, for chief judge of the court of appeals, causes a vacancy in\nthe office of associate judge of the court of appeals, the governor may\nmake an appointment for the associate judge vacancy from among the\ncommission's recommendations for the preceding chief judge vacancy,\nprovided that the associate judge vacancy occurs within sixty days from\nthe promulgation of recommendations by the commission for the preceding\nchief judge vacancy. The governor may make such appointment immediately\nupon the occurrence of the associate judge vacancy. If the governor does\nnot appoint a nominee from among those recommended for the preceding\nchief judge vacancy within fifteen days of the occurrence of the\nassociate judge vacancy, or upon notice from the governor, whichever\noccurs sooner, the clerk of the court of appeals shall notify the\ncommission of the vacancy. Notwithstanding any other limitations of time\nestablished by this section, the commission shall make its\nrecommendations to the governor no later than one hundred twenty days\nafter receipt of such notice, and the governor shall make his or her\nappointment from among those persons recommended to him or her by the\ncommission no sooner than fifteen days nor later than thirty days after\nreceipt of the commission's recommendations.\n 3. Whenever a vacancy occurs and the senate is not in session to give\nits advice and consent to an appointment to fill such vacancy, the\ngovernor shall make an interim appointment from among those persons\nrecommended to him by the commission. An interim appointment shall\ncontinue until the senate shall pass upon the governor's selection. If\nthe senate confirms an appointment, the judge shall serve a term as\nprovided in subdivision a of section two of article six of the\nconstitution, commencing from the date of his interim appointment. If\nthe senate rejects an appointment, a vacancy in the office shall occur\nsixty days after such rejection. If an interim appointment to the court\nof appeals be made from among the justices of the supreme court or the\nappellate divisions thereof, that appointment shall not affect the\njustice's existing office, nor create a vacancy in the supreme court, or\nthe appellate division thereof, unless such appointment is confirmed by\nthe senate and the appointee shall assume such office. If an interim\nappointment of chief judge of the court of appeals be made from among\nthe associate judges, an interim appointment of associate judge shall be\nmade in like manner; in such case, the appointment as chief judge shall\nnot affect the existing office of associate judge, unless such\nappointment as chief judge is confirmed by the senate and the appointee\nshall assume such office.\n 4. (a) If the senate is in session at the time the governor makes an\nappointment pursuant to subdivision one or two of this section, the\nappointment shall be made in accordance with the provisions of section\nseven of the public officers law. The senate shall confirm or reject\nsuch appointment no later than thirty days after receipt of the\nnomination from the governor. A vacancy shall be deemed to occur upon\nthe rejection by the senate of such an appointment.\n (b) Whenever the governor has made an interim appointment pursuant to\nsubdivision three of this section, he shall communicate on the first day\nthat the senate is in session following the making of the interim\nappointment, a written nomination to the senate in accordance with the\nprovisions of section seven of the public officers law. The senate shall\nconfirm or reject such appointment no later than thirty days after\nreceipt of the nomination from the governor.\n 5. The failure of any officer or body to perform any act within a\nlimitation of time established by this section shall not invalidate any\nappointment to the office of chief judge or associate judge of the court\nof appeals.\n