Legislation
SECTION 21
Vacancies; how filled
Constitution (CNS) CHAPTER , ARTICLE VI
§ 21. a. When a vacancy shall occur, otherwise than by expiration of
term, in the office of justice of the supreme court, of judge of the
county court, of judge of the surrogate's court or judge of the family
court outside the city of New York, it shall be filled for a full term
at the next general election held not less than three months after such
vacancy occurs and, until the vacancy shall be so filled, the governor
by and with the advice and consent of the senate, if the senate shall be
in session, or, if the senate not be in session, the governor may fill
such vacancy by an appointment which shall continue until and including
the last day of December next after the election at which the vacancy
shall be filled.
b. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge of the court of claims, it shall be filled for
the unexpired term in the same manner as an original appointment.
c. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge elected to the city-wide court of civil
jurisdiction of the city of New York, it shall be filled for a full term
at the next general election held not less than three months after such
vacancy occurs and, until the vacancy shall be so filled, the mayor of
the city of New York may fill such vacancy by an appointment which shall
continue until and including the last day of December next after the
election at which the vacancy shall be filled. When a vacancy shall
occur, otherwise than by expiration of term on the last day of December
of any year, in the office of judge appointed to the family court within
the city of New York or the city-wide court of criminal jurisdiction of
the city of New York, the mayor of the city of New York shall fill such
vacancy by an appointment for the unexpired term.
d. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge of the district court, it shall be filled for a
full term at the next general election held not less than three months
after such vacancy occurs and, until the vacancy shall be so filled, the
board of supervisors or the supervisor or supervisors of the affected
district if such district consists of a portion of a county or, in
counties with an elected county executive officer, such county executive
officer may, subject to confirmation by the board of supervisors or the
supervisor or supervisors of such district, fill such vacancy by an
appointment which shall continue until and including the last day of
December next after the election at which the vacancy shall be filled.
term, in the office of justice of the supreme court, of judge of the
county court, of judge of the surrogate's court or judge of the family
court outside the city of New York, it shall be filled for a full term
at the next general election held not less than three months after such
vacancy occurs and, until the vacancy shall be so filled, the governor
by and with the advice and consent of the senate, if the senate shall be
in session, or, if the senate not be in session, the governor may fill
such vacancy by an appointment which shall continue until and including
the last day of December next after the election at which the vacancy
shall be filled.
b. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge of the court of claims, it shall be filled for
the unexpired term in the same manner as an original appointment.
c. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge elected to the city-wide court of civil
jurisdiction of the city of New York, it shall be filled for a full term
at the next general election held not less than three months after such
vacancy occurs and, until the vacancy shall be so filled, the mayor of
the city of New York may fill such vacancy by an appointment which shall
continue until and including the last day of December next after the
election at which the vacancy shall be filled. When a vacancy shall
occur, otherwise than by expiration of term on the last day of December
of any year, in the office of judge appointed to the family court within
the city of New York or the city-wide court of criminal jurisdiction of
the city of New York, the mayor of the city of New York shall fill such
vacancy by an appointment for the unexpired term.
d. When a vacancy shall occur, otherwise than by expiration of term,
in the office of judge of the district court, it shall be filled for a
full term at the next general election held not less than three months
after such vacancy occurs and, until the vacancy shall be so filled, the
board of supervisors or the supervisor or supervisors of the affected
district if such district consists of a portion of a county or, in
counties with an elected county executive officer, such county executive
officer may, subject to confirmation by the board of supervisors or the
supervisor or supervisors of such district, fill such vacancy by an
appointment which shall continue until and including the last day of
December next after the election at which the vacancy shall be filled.