2006 New York Code - 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
  county of New York, the county courts of the counties of  Bronx,  Kings,
  Queens  and  Richmond,  the  city  court  of  the  city of New York, the
  domestic relations court of the city of New York, the municipal court of
  the city of New York, the court of special sessions of the city  of  New
  York  and  the  city  magistrates'  courts  of  the city of New York are
  abolished from  and  after  the  effective  date  of  this  article  and
  thereupon  the  seals,  records, papers and documents of or belonging to
  such courts shall, unless otherwise provided by law, be deposited in the
  offices of the clerks of the several counties in which these courts  now
  exist.
    b.  The  judges  of  the county court of the counties of Bronx, Kings,
  Queens and Richmond and the judges of the court of general  sessions  of
  the  county  of New York in office on the effective date of this article
  shall, for the remainder of the terms for which  they  were  elected  or
  appointed,  be  justices  of  the  supreme court in and for the judicial
  district which includes the county in which they resided on  that  date.
  The  salaries  of such justices shall be the same as the salaries of the
  other justices of the  supreme  court  residing  in  the  same  judicial
  district  and  shall  be  paid  in  the  same  manner.  All  actions and
  proceedings pending in the county court of the counties of Bronx, Kings,
  Queens and Richmond and in the court of general sessions of  the  county
  of  New  York on the effective date of this article shall be transferred
  to the supreme court in the county in which the  action  or  proceedings
  was pending, or otherwise as may be provided by law.
    c.  The legislature shall provide by law that the justices of the city
  court of the city of New York and the justices of the municipal court of
  the city of New York in office on the date  such  courts  are  abolished
  shall,  for  the  remainder  of  the  term for which each was elected or
  appointed, be judges of the city-wide court of civil jurisdiction of the
  city of New York established pursuant to section fifteen of this article
  and for such district as the legislature may determine.
    d. The legislature shall provide by law that the justices of the court
  of special sessions and the magistrates of the city magistrates'  courts
  of  the city of New York in office on the date such courts are abolished
  shall, for the remainder of the term for which each  was  appointed,  be
  judges  of  the  city-wide court of criminal jurisdiction of the city of
  New York established pursuant to section fifteen provided, however, that
  each term shall expire on the last day of the year  in  which  it  would
  have expired except for the provisions of this article.
    e.  All  actions and proceedings pending in the city court of the city
  of New York and the municipal court in the city of New York on the  date
  such courts are abolished shall be transferred to the city-wide court of
  civil  jurisdiction  of  the  city  of  New York established pursuant to
  section fifteen of this article or as otherwise provided by law.
    f. All actions  and  proceedings  pending  in  the  court  of  special
  sessions of the city of New York and the city magistrates' courts of the
  city  of  New  York  on  the  date  such  courts  are abolished shall be
  transferred to the city-wide court of criminal jurisdiction of the  city
  of  New  York established pursuant to section fifteen of this article or
  as otherwise provided by law.
    g. The special county judges of the counties  of  Broome,  Chautauqua,
  Jefferson,  Oneida  and Rockland and the judges of the children's courts
  in all counties outside the city of New York in office on the  effective
  date  of  this  article  shall, for the remainder of the terms for which
  they were elected or appointed, be judges of the family court in and for
  the county in which they hold office. Except as  otherwise  provided  in
  this  section,  the  office  of  special  county judge and the office of


  special surrogate is abolished from and after the effective date of this
  article and  the  terms  of  the  persons  holding  such  offices  shall
  terminate on that date.
    h.  All  actions  and  proceedings pending in the children's courts in
  counties outside the city of New York on  the  effective  date  of  this
  article  shall  be  transferred  to  the  family court in the respective
  counties.
    i. The justices of the domestic relations court of  the  city  of  New
  York  in  office  on  the  effective date of this article shall, for the
  remainder of the terms for which they were appointed, be judges  of  the
  family court within the city of New York.
    j. All actions and proceedings pending in the domestic relations court
  of  the  city of New York on the effective date of this article shall be
  transferred to the family court in the city of New York.
    k. The office of official referee  is  abolished,  provided,  however,
  that  official  referees in office on the effective date of this article
  shall, for the remainder of the terms for which they were  appointed  or
  certified,  be  official  referees  of  the  court in which appointed or
  certified or the successor court, as the case may be. At the  expiration
  of  the  term  of  any  official  referee,  his  or  her office shall be
  abolished and thereupon such former official referee shall be subject to
  the relevant provisions of section twenty-five of this article.
    l. As may be provided by law, the non-judicial personnel of the courts
  affected by this article in office on the effective date of this article
  shall, to the extent practicable, be  continued  without  diminution  of
  salaries  and  with the same status and rights in the courts established
  or continued by this article; and especially  skilled,  experienced  and
  trained  personnel shall, to the extent practicable, be assigned to like
  functions  in  the  courts  which  exercise  the  jurisdiction  formerly
  exercised  by  the courts in which they were employed. In the event that
  the adoption of this article shall require or make possible a  reduction
  in  the  number  of  non-judicial personnel, or in the number of certain
  categories of such personnel, such  reduction  shall  be  made,  to  the
  extent practicable, by provision that the death, resignation, removal or
  retirement  of  an employee shall not create a vacancy until the reduced
  number of personnel has been reached.
    m. In the event that a  judgment  or  order  was  entered  before  the
  effective  date of this article and a right of appeal existed and notice
  of appeal therefrom is filed after the effective date of  this  article,
  such  appeal  shall  be taken from the supreme court, the county courts,
  the surrogate's courts, the children's  courts,  the  court  of  general
  sessions  of  the county of New York and the domestic relations court of
  the city of New York to the appellate division of the supreme  court  in
  the  judicial department in which such court was located; from the court
  of claims to the appellate division of the supreme court  in  the  third
  judicial  department,  except for those claims which arose in the fourth
  judicial department, in which case the appeal shall be to the  appellate
  division  of  the  supreme court in the fourth judicial department; from
  the city court of the city of New York, the municipal court of the  city
  of  New  York, the court of special sessions of the city of New York and
  the city magistrates' courts of the city of New York  to  the  appellate
  division  of  the supreme court in the judicial department in which such
  court was located, provided, however, that such  appellate  division  of
  the  supreme court may transfer any such appeal to an appellate term, if
  such appellate term be established; and from the district  court,  town,
  village and city courts outside the city of New York to the county court
  in  the  county in which such court was located, provided, however, that
  the legislature may require the  transfer  of  any  such  appeal  to  an


  appellate  term,  if  such appellate term be established. Further appeal
  from a decision of a county court or an appellate term or the  appellate
  division  of  the  supreme  court shall be governed by the provisions of
  this  article.  However, if in any action or proceeding decided prior to
  the effective date of this article, a party had a right of direct appeal
  from a court of original jurisdiction to  the  court  of  appeals,  such
  appeal may be taken directly to the court of appeals.
    n.  In  the event that an appeal was decided before the effective date
  of this article and a further appeal could be  taken  as  of  right  and
  notice  of  appeal  therefrom  is filed after the effective date of this
  article, such appeal may be taken from the  appellate  division  of  the
  supreme  court  to  the court of appeals and from any other court to the
  appellate division of the supreme court. Further appeal from a  decision
  of  the appellate division of the supreme court shall be governed by the
  provisions of this article. If a further appeal could not be taken as of
  right, such appeal shall be governed by the provisions of this article.