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A01511 Summary:

BILL NOA01511
 
SAME ASNo Same As
 
SPONSORRivera
 
COSPNSR
 
MLTSPNSR
 
Amd §§70, 140 & 140-a, add §816, Judy L
 
Creates the fourteenth judicial district consisting of the county of Erie and a supreme court library at Erie.
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A01511 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1511
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2025
                                       ___________
 
        Introduced by M. of A. RIVERA -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT  to  amend the judiciary law, in relation to the creation of the
          fourteenth judicial district consisting of the county of  Erie  and  a
          supreme court library at Erie
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 70 of the judiciary law, as amended by chapter  690
     2  of the laws of 2007, is amended to read as follows:
     3    §  70.  Judicial  departments.  The  state is hereby divided into four
     4  judicial departments. The first department shall consist of the counties
     5  embraced within the first and twelfth  judicial  districts;  the  second
     6  department  shall  consist  of  the counties embraced within the second,
     7  ninth, tenth, eleventh and  thirteenth  judicial  districts;  the  third
     8  department  shall  consist  of  the  counties embraced within the third,
     9  fourth and sixth judicial districts; the fourth department shall consist
    10  of the counties embraced within the fifth,  seventh  [and],  eighth  and
    11  fourteenth judicial districts.
    12    §  2.  The  opening paragraph and the eighth undesignated paragraph of
    13  section 140 of the judiciary law, the opening paragraph  as  amended  by
    14  chapter 690 of the laws of 2007 and the eighth undesignated paragraph as
    15  amended  by  chapter 10 of the laws of 1948, are amended and a new four-
    16  teenth undesignated paragraph is added to read as follows:
    17    The  state  is  hereby  divided  into  [thirteen]  fourteen   judicial
    18  districts,  pursuant to the provisions of the first section of the sixth
    19  article of the  constitution,  which  districts  shall  be  arranged  as
    20  follows:
    21    The  eighth judicial district shall consist of the counties of [Erie,]
    22  Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany  and  Wyom-
    23  ing;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03033-01-5

        A. 1511                             2
 
     1    The  fourteenth judicial district shall consist of the county of Erie.
     2  The creation of such fourteenth district shall not affect or impair  the
     3  rights,  privileges  or  compensation  of any officer or employee of the
     4  supreme court in office on the first day of January, two thousand  twen-
     5  ty-six  in the eighth judicial district as theretofore constituted; each
     6  such officer or employee employed in the county of  Erie  on  such  date
     7  shall  thereafter  be an officer or employee for the fourteenth judicial
     8  district and each such officer or employee employed in the  counties  of
     9  Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and Wyoming
    10  on  such  date shall thereafter be an officer or employee for the eighth
    11  judicial district.
    12    § 3. Subdivisions 8 and 13 of section 140-a of the judiciary  law,  as
    13  amended by chapter 749 of the laws of 2023, are amended and a new subdi-
    14  vision 14 is added to read as follows:
    15    8. Eighth district, [twenty-eight] five;
    16    13. Thirteenth district, nine[.];
    17    14. Fourteenth district, seventeen.
    18    §  4.  The  county  of  Erie  shall establish, maintain and expand, if
    19  necessary, its court library, as established in accordance with sections
    20  813 and 814 of the judiciary law, to accommodate the needs of the  four-
    21  teenth judicial district.  The Charles B. Swartwood Law Library at Elmi-
    22  ra  shall continue to serve as the court library for the eighth judicial
    23  district.
    24    § 5. The following named justices or their successors in office on the
    25  effective date of this act shall for the  remainder  of  the  terms  for
    26  which they were elected or appointed be justices of the supreme court in
    27  and  for  the eighth judicial district as reconstituted and continued by
    28  this act.
    29            Grace M. Hanlon
    30            Diane Devlin
    31            Frank Caruso
    32            Paula Feroleto
    33            Frank A. Sedita III
    34    The following named justices or their  successors  in  office  on  the
    35  effective  date  of  this  act  shall for the remainder of the terms for
    36  which they were elected or appointed be justices of the supreme court in
    37  and for the fourteenth judicial district as created and  constituted  by
    38  this  act.    Any  positions  that  were vacant on June 6, 2025 shall be
    39  justices of the eighth judicial district.
    40            Deborah A. Chimes
    41            Emilio Colaiacovo
    42            John DelMonte
    43            Daniel J. Ferlong
    44            Gerald Greenan III
    45            Deborah A. Haendiges
    46            Craig D. Hannah
    47            John B. Licata
    48            Joseph Lorigo
    49            Amy C. Martoche
    50            Edward A. Pace
    51            Catherine Nugent Panepinto
    52            Donna M. Siwek
    53            Mary Slisz
    54            Kelly Vacco
    55            Raymond W. Walter

        A. 1511                             3
 
     1            Dennis E. Ward
     2            Paul B. Wojtaszek
     3    §  6. The judiciary law is amended by adding a new section 816 to read
     4  as follows:
     5    § 816. Supreme court library at Erie. The law library for  the  county
     6  officials of the county of Erie, as now constituted and all of the books
     7  therein,  shall  be the law library of the supreme court of the state of
     8  New York in the fourteenth judicial district and shall be  in  the  care
     9  and  custody  and under the control of the justices of the supreme court
    10  of the state of New York in the fourteenth judicial district or a major-
    11  ity of them, not designated as justices of the appellate  division,  who
    12  shall  be the trustees thereof. The trustees shall have power to receive
    13  by gift, devise or bequest  any  property  given  or  conveyed  for  the
    14  purpose of a law library and to hold and manage and dispose of the same,
    15  and  may make rules and regulations for the management and protection of
    16  said library and prescribe penalties for the violation thereof. They may
    17  sue for and recover such penalties and may maintain actions  for  injury
    18  to  said  library.  They  may  also  designate from among their number a
    19  library committee or committees, the members of  which  shall  have  the
    20  power  to  administer  the  rules and regulations prescribed by the said
    21  trustees. The trustees may employ and appoint such persons as  they  may
    22  deem  necessary  for the proper care, management and maintenance of said
    23  library and fix their salaries. The library and the equipment shall also
    24  be available for the use of the surrogate,  family  and  criminal  court
    25  judges,  district  attorney  and other county officials of the county of
    26  Erie and the judges of the civil court of the city of Buffalo  presiding
    27  in  such  county.  The  librarian and the assistant librarian, shall, in
    28  addition to the duties of librarian and assistant librarian, perform any
    29  and all duties as may be required of or imposed upon them by said  trus-
    30  tees.  The  trustees  may  also  procure  proper  furniture for the said
    31  library, purchase books therefor and defray all the expenses  incidental
    32  to  its  care  and  management.  They  shall yearly ascertain the amount
    33  necessary for the aforesaid purposes and certify  it  to  the  board  of
    34  estimate who shall provide for raising and paying the same.
    35    §  7.  It  is  the intended object of this act to erect, in the fourth
    36  judicial department, the fourteenth judicial district, comprised of  the
    37  county  of  Erie  and  to  provide  for the employees thereof selection,
    38  designation, nomination and election in the general election to be  held
    39  in  November,  2026  of  justices  of the eighth and fourteenth judicial
    40  districts consistent with the foregoing provisions of  this  act.    Any
    41  other consistent provision of law, rule or regulation which by its terms
    42  or in its application aids in the accomplishment of such object shall be
    43  given  full  force  and effect. Any provision which is inconsistent with
    44  the accomplishment of such object shall be denied force  and  effect  to
    45  the extent that it may be applicable thereto.
    46    §  8.  If any provisions of any section of this act shall be held void
    47  or unconstitutional, all other provisions and all other sections of this
    48  act which are not expressly held to be void  or  unconstitutional  shall
    49  continue in full force and effect.
    50    § 9. This act shall take effect immediately provided that sections one
    51  through six of this act shall take effect January 1, 2026.
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