2006 New York Code - Retired Judges Of The Court Of Appeals.



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

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