2006 New York Code - Procedures When Vacancies Occur

 
    §  68.  Procedures  when  vacancies  occur. 1. Whenever a vacancy will
  occur in the office of chief judge or associate judge of  the  court  of
  appeals by expiration of term:
    (a)  on  December thirty-first in a year fixed by the constitution for
  the election of the governor, the clerk of the court  of  appeals  shall
  notify  the  commission  of  the  anticipated  vacancy no later than May
  first.    The  commission  shall  make  its   recommendations   to   the
  governor-elect,   on   December  first.  The  governor  shall  make  his
  appointment  from  among  those  persons  recommended  to  him  by   the
  commission no sooner than January first nor later than January fifteenth
  thereafter; or
    (b)  on  December thirty-first in a year fixed by the constitution for
  the election of members of the senate but not the governor, the clerk of
  the court of appeals shall notify  the  commission  of  the  anticipated
  vacancy  no  later  than  May  first.  The  commission  shall  make  its
  recommendations to the governor on December first.  The  governor  shall
  make  his appointment from among those persons recommended to him by the
  commission no sooner than January first nor later than January fifteenth
  thereafter; or
    (c) on December thirty-first in any other year, the clerk of the court
  of appeals shall notify the commission of  the  anticipated  vacancy  no
  later  than  May first. The commission shall make its recommendations to
  the governor no later than October fifteenth. The  governor  shall  make
  his  appointment  from  among  those  persons  recommended to him by the
  commission no sooner than November fifteenth  nor  later  than  December
  first thereafter; or
    (d)  on any other date, the clerk of the court of appeals shall notify
  the commission of the anticipated vacancy no  later  than  eight  months
  prior  to  the  date such vacancy will occur.  The commission shall make
  its recommendations to the governor no later than sixty  days  prior  to
  the  date of such vacancy.  The governor shall make his appointment from
  among those persons recommended to him by the commission no sooner  than
  fifteen  nor  more  than  thirty  days after receipt of the commission's
  recommendations.
    2. Whenever a vacancy occurs other than by  expiration  of  term,  the
  clerk of the court of appeals shall immediately notify the commission of
  such  vacancy.  The  commission  shall  make  its recommendations to the
  governor no later than one hundred twenty days  after  receipt  of  such
  notice. The governor shall make his appointment from among those persons
  recommended  to  him  by  the commission no sooner than fifteen days nor
  later   than   thirty   days   after   receipt   of   the   commission's
  recommendations.
    3.  Whenever a vacancy occurs and the senate is not in session to give
  its advice and consent to an  appointment  to  fill  such  vacancy,  the
  governor  shall  make  an  interim  appointment from among those persons
  recommended to him by the commission.    An  interim  appointment  shall
  continue  until  the senate shall pass upon the governor's selection. If
  the senate confirms an appointment, the judge  shall  serve  a  term  as
  provided  in  subdivision  a  of  section  two  of  article  six  of the
  constitution, commencing from the date of his  interim  appointment.  If
  the  senate  rejects an appointment, a vacancy in the office shall occur
  sixty days after such rejection.  If an interim appointment to the court
  of appeals be made from among the justices of the supreme court  or  the
  appellate  divisions  thereof,  that  appointment  shall  not affect the
  justice's existing office, nor create a vacancy in the supreme court, or
  the appellate division thereof, unless such appointment is confirmed  by
  the  senate  and  the appointee shall assume such office.  If an interim
  appointment of chief judge of the court of appeals be  made  from  among
  the associate judges, an interim appointment of associate judge shall be
  made  in like manner; in such case, the appointment as chief judge shall
  not  affect  the  existing  office  of  associate  judge,  unless   such
  appointment  as chief judge is confirmed by the senate and the appointee
  shall assume such office.
    4. (a) If the senate is in session at the time the governor  makes  an
  appointment  pursuant  to  subdivision  one  or two of this section, the
  appointment shall be made in accordance with the provisions  of  section
  seven  of  the  public  officers law. The senate shall confirm or reject
  such appointment  no  later  than  thirty  days  after  receipt  of  the
  nomination  from  the  governor. A vacancy shall be deemed to occur upon
  the rejection by the senate of such an appointment.
    (b) Whenever the governor has made an interim appointment pursuant  to
  subdivision three of this section, he shall communicate on the first day
  that  the  senate  is  in  session  following  the making of the interim
  appointment, a written nomination to the senate in accordance  with  the
  provisions of section seven of the public officers law. The senate shall
  confirm  or  reject  such  appointment  no  later than thirty days after
  receipt of the nomination from the governor.
    5. The failure of any officer or body to  perform  any  act  within  a
  limitation  of time established by this section shall not invalidate any
  appointment to the office of chief judge or associate judge of the court
  of appeals.