§ 21. Vacancies; how filled.

474 words·~2 min read·/ny/constitution/judiciary/21

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 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.