2006 New York Code - Retired Justices Of The Supreme Court.



 
    §  115.  Retired justices of the supreme court.  1. Any justice of the
  supreme court, 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  retired  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 justice 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 justice 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
  justice  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 justice 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 justice 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
  justice of the supreme court, a judge of the county court  of  a  county
  within  the  city  of  New  York,  and  a  judge of the court of general
  sessions of the county of New York who has not yet reached  the  age  of
  seventy-six  and  who  reached  the  age  of seventy and retired as such
  justice or judge prior to the effective date of this section.

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