Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 8
Appellate terms of supreme court; composition and jurisdiction
Constitution (CNS) CHAPTER , ARTICLE VI
§ 8. a. The appellate division of the supreme court in each judicial
department may establish an appellate term in and for such department or
in and for a judicial district or districts or in and for a county or
counties within such department. Such an appellate term shall be
composed of not less than three nor more than five justices of the
supreme court who shall be designated from time to time by the chief
administrator of the courts with the approval of the presiding justice
of the appropriate appellate division, and who shall be residents of the
department or of the judicial district or districts as the case may be
and the chief administrator of the courts shall designate the place or
places where such appellate terms shall be held.

b. Any such appellate term may be discontinued and re-established as
the appellate division of the supreme court in each department shall
determine from time to time and any designation to service therein may
be revoked by the chief administrator of the courts with the approval of
the presiding justice of the appropriate appellate division.

c. In each appellate term no more than three justices assigned thereto
shall sit in any action or proceeding. Two of such justices shall
constitute a quorum and the concurrence of two shall be necessary to a
decision.

d. If so directed by the appellate division of the supreme court
establishing an appellate term, an appellate term shall have
jurisdiction to hear and determine appeals now or hereafter authorized
by law to be taken to the supreme court or to the appellate division
other than appeals from the supreme court, a surrogate's court, the
family court or appeals in criminal cases prosecuted by indictment or by
information as provided in section six of article one.

e. As may be provided by law, an appellate term shall have
jurisdiction to hear and determine appeals from the district court or a
town, village or city court outside the city of New York.