§ 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.

2-a. Whenever the governor's appointment, upon advice and consent of
the senate, for chief judge of the court of appeals, causes a vacancy in
the office of associate judge of the court of appeals, the governor may
make an appointment for the associate judge vacancy from among the
commission's recommendations for the preceding chief judge vacancy,
provided that the associate judge vacancy occurs within sixty days from
the promulgation of recommendations by the commission for the preceding
chief judge vacancy. The governor may make such appointment immediately
upon the occurrence of the associate judge vacancy. If the governor does
not appoint a nominee from among those recommended for the preceding
chief judge vacancy within fifteen days of the occurrence of the
associate judge vacancy, or upon notice from the governor, whichever
occurs sooner, the clerk of the court of appeals shall notify the
commission of the vacancy. Notwithstanding any other limitations of time
established by this section, the commission shall make its
recommendations to the governor no later than one hundred twenty days
after receipt of such notice, and the governor shall make his or her
appointment from among those persons recommended to him or her 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.