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Code · New York · Constitution · Judiciary

§ 34. Determination of pending appeals, actions and proceedings; terms of judges and justices now in office.

394 words·~2 min read·/ny/constitution/judiciary/34

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§ 34. a. The court of appeals, the appellate division of the supreme
court, the supreme court, the court of claims, the county court in
counties outside the city of New York, the surrogate's court and the
district court of Nassau county shall hear and determine all appeals,
actions and proceedings pending therein on the effective date of this
article except that the appellate division of the supreme court in the
first and second judicial departments or the appellate term in such
departments, if so directed by the appropriate appellate division of the
supreme court, shall hear and determine all appeals pending in the
appellate terms of the supreme court in the first and second judicial
departments and in the court of special sessions of the city of New York
and except that the county court or an appellate term shall, as may be
provided by law, hear and determine all appeals pending in the county
court or the supreme court other than an appellate term. Further appeal
from a decision of the county court, the appellate term or the appellate
division of the supreme court, rendered on or after the effective date
of this article, shall be governed by the provisions of this article.
b. The justices of the supreme court in office on the effective date
of this article shall hold their offices as justices of the supreme
court until the expiration of their respective terms.
c. The judges of the court of claims in office on the effective date
of this article shall hold their offices as judges of the court of
claims until the expiration of their respective terms.
d. The surrogates, and county judges outside the city of New York,
including the special county judges of the counties of Erie and Suffolk,
in office on the effective date of this article shall hold office as
judges of the surrogate's court or county judge, respectively, of such
counties until the expiration of their respective terms.
e. The judges of the district court of Nassau county in office on the
effective date of this article shall hold their offices until the
expiration of their respective terms.
f. Judges of courts for towns, villages and cities outside the city of
New York in office on the effective date of this article shall hold
their offices until the expiration of their respective terms.
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