Senate Bill S4379

Vetoed By Governor
2021-2022 Legislative Session

Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2021-S4379 (ACTIVE) - Details

See Assembly Version of this Bill:
A6044
Law Section:
Judiciary Law
Laws Affected:
Amd §§114 & 115, Judy L
Versions Introduced in 2023-2024 Legislative Session:
A3339

2021-S4379 (ACTIVE) - Summary

Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.

2021-S4379 (ACTIVE) - Sponsor Memo

2021-S4379 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4379
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary  law,  in  relation  to  making  technical
   changes  to  provisions  providing  for certification for service as a
   retired judge of the court of appeals or  a  retired  justice  of  the
   supreme court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 114 of the judiciary law, as added by  chapter  704
 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
 of 1981, is amended to read as follows:
   §  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] SHALL, upon his OR HER
 application, be certified by the administrative board for service  as  a
 justice  of  the  supreme court upon findings (a) that he OR SHE has the
 mental and physical capacity to perform the duties of  such  office  and
 (b)  that  his OR HER 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] SHALL 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 OR HER services.
 No  retired judge may serve under any such certification beyond the last
 day of December in the year in which he OR SHE reaches the age of seven-
 ty-six.
   3. A retired judge so certified shall for  all  purposes,  other  than
 determining  the  number  of  justices  in  a  judicial district for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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