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A05983 Summary:

BILL NOA05983
 
SAME ASSAME AS S06061
 
SPONSORLavine
 
COSPNSRPeoples-Stokes
 
MLTSPNSR
 
Amd §68, Judy L
 
Provides for appointments to the office of associate judge of the court of appeals where the vacancy is caused by governor's appointment, upon advice and consent of the senate, for chief judge of the court of appeals.
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A05983 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5983
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2023
                                       ___________
 
        Introduced  by  M.  of A. LAVINE -- (at request of the Governor) -- read
          once and referred to the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to  appointments  to  the
          office of associate judge of the court of appeals
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 68 of the judiciary law is amended by adding a  new
     2  subdivision 2-a to read as follows:
     3    2-a.  Whenever  the governor's appointment, upon advice and consent of
     4  the senate, for chief judge of the court of appeals, causes a vacancy in
     5  the office of associate judge of the court of appeals, the governor  may
     6  make  an  appointment  for  the  associate  judge vacancy from among the
     7  commission's recommendations for  the  preceding  chief  judge  vacancy,
     8  provided  that the associate judge vacancy occurs within sixty days from
     9  the promulgation of recommendations by the commission for the  preceding
    10  chief  judge vacancy. The governor may make such appointment immediately
    11  upon the occurrence of the associate judge vacancy. If the governor does
    12  not appoint a nominee from among those  recommended  for  the  preceding
    13  chief judge vacancy within fifteen days of the occurrence of the associ-
    14  ate  judge  vacancy,  or upon notice from the governor, whichever occurs
    15  sooner, the clerk of the court of appeals shall notify the commission of
    16  the vacancy.  Notwithstanding any other limitations of time  established
    17  by  this  section,  the commission shall make its recommendations to the
    18  governor no later than one hundred twenty days  after  receipt  of  such
    19  notice,  and  the  governor shall make his or her appointment from among
    20  those persons recommended to him or her by the commission no sooner than
    21  fifteen days nor later than thirty days after  receipt  of  the  commis-
    22  sion's recommendations.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12004-01-3
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