The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-25

' regularly assigned. Justice OF such divi.
case. the business OF the appellate division
shall SO require.
Section ISL 10. when a vacancy shalI
Hieep The 9' nsiSs Of ma, "h, sy or ssp,ss sacIn,e OF judge
or the court Of apo ais. the same shall DC
hiled, for a full term. AT tho next general
months after such vacarcy occurs: and
until the vacancy shall be so hlled. the
sossr Of iih by senate. sns %'tf The The e .ays,. ana mai H0 be
In session, or II not In session the GOVERNOR
may NJ such vacancy by appointment ~
De made from among the nssuriate judges.
ni .emborary appointment OF associa,e
IN such case. the person appointed chief
judge shall not be deemed to. vacate his
ohice OF associate Judge. any longer than
chiei Judge, Tho powers aud jurisdiction
OF the court shall not he suspended Tor
number OF Judges Is sufficient to consti.
tute u quorum. All appointments under
This seetion shall CONSUME until and In,
shall be Oiled
Section teI II. After the. last day OF
dred and Tninc,y-nve,l fifteen, the juris-
aietion or the court Of sppsals. eSscpt
S shs .r ,ns lssss% Giy,., ,s OF on "'' tey. ~ ""e, ss
inss 8 fact and rr"ds,- Judgment there:
questions Of law. $50 unanimous decision
OF the appellate division OF the supreme
s sSn5in ma there Is sv,S nT snPp9 sr, g. or n
verdict not directed by the court. shall be
reviewed by the court OF appeals. Except
where tho Judgment. f. Of death. appeals
may be taken, as of right, to said court
only from. judgments or orders entered
tile kupr, me rptrt finuIly ~drLpTntuiuE nr-
tons or special proceedings. and from
orders granting now trials on exceptions.
uhirmancc Judgment absolute shall he
rendered against them. The Ippellate ~.
be S,s'a s"1+ m q. Of ps lsh, to- the court" Of % ~.
irsis ~ the following cases oniy:
q Whore the ludEr,cnt l. 81 DEATH
ts) From q Judgment or order entered
npon the decision Of an appellate diyi.ion
Of the supreme. court which finally deter.
% "i1sr. i" a, s e , %, ;"sf's IL. ' r"~.,au".
ton 81 y: c:n.titution O. tn. state or OF
from the decision ~ the court. or wherr
the Judgment Of the trial court IL reversed
.(3, From an order Of an appellate d.
vision o. the supreme e'uvt granting u
new trial wh.,r the appellant -tIpulatc.
shali be rendered agnin.t him..
The court ~ appeal. may, however. al.
where in Il. opinion a question OF law /.
involved. which lin It's opiniou.l ought 10
be ;.,iswet !by the court Of app.1l.l.
Jurisdiction OF the. court Of appeals and
the right OF appeal thereto. but the right
70 appeal shall not depend upon he
The provisions Of this section shall. not
apply TO appeals taken TO the court ~ APP
by any general terml before tho last day
of December one thousand. teightl nine
hundred and fn!nety-fve,l fifteen. but isp.
/ Tsl1-1 the judgments m prstsrs 0upflletI
from shall be reviewed ttherefroin may be
takenl under existing provisions OF law
b court Of appeal. may determine the
lstinx the admission TO practice 81 at
tornc!s and councillors In the courts OF the
state.
Abstrac;.-Th. amendment TO this sec.
ton. dealing with the Jurisdiction Of the
cour. OF appeals. was framed with a view
TO CARRYING out the principe tina, every
on appeal. but tina, the cour, OF appeals
should 10 preserved ms a court TO review
and settle questions Of law rather than us
q general couF. 20 review fully the deci-
slous OF courts or first instance. Ry a recent
amendment TO section 1917 81 the code q,
powered to make new NndlnEs OF fact and
the appellate division In enec, acts as .
trial court. and unless n review OF the
facts i allowed In the cour; % appeals.
tn" litissn' IL deprived OF the right 20 at
judgment OF the trial cour, With this sin.
gle exception. the rr.sen, limitation OF ths
jurisdiction OF the court OF appeals to tho
review OF questions OF law only-save In
CAPITAL cases-is retained. Section II also
peas The provision In the existing con-
stitution that no unanimous decision OF the
app'iihte division Of the supreme court
Ing 10 sustain a nndins ~ fac; or IA YER
80 not directed by the cour' shall he re-
viewed hy The court 81 app"a.s ~ eliml.
mated. such question Is essentially ono ~
law, ana experience ha- Demonstrated that
- withhold from the court Of appeals the
Injustice 81 many cases Tho richt to an.
pea from judgments % the nppellst, al
vision 20 the court ~ appeals Is further
restricted nv providing that appeals from
Il judgment or order entered upon such
special proceedings, may hH taken only
WHERE ti~-r. Is directly involved the con-
s s,rS ", Or ine ISnstI,H't9n ~ me state
more of the Justices who heard tho case
disscr's from the decision OF the court:
but tn court OF appeals ia authorized To
allow an appeal in any case where. In g.
opinion. a question " law ~ involved
Ing December 81. 1873. are 10 be reviewed
under existing provisions 81 law. Tho
cour, OF appeals Is empowered 20 determine
regulating the admission u practice OF at
torneys md counseliors in the courts of the
siSiiej, This t. GcT ,Br9v,ds5 by s,a,a,s,
should be embodied In the constitution.
section no ~. The Judges Of ;he cour;
preme court shall no; hold any other OF.
nee OF public trust, All votes FOR any OF
them, Tor any other than a judicial once.
given ~ the Legislature or tho people. shall
section III ~. Judges Of the cour, O,
app"s.s ana Justices Of the suprcue
court III may lie removed ~ concurrent
resolution OF both houses OF the i,"'~ia.
ture. u two-thirds OF all the M, ,sr-
elected TO each house concur therria An
other Judicial officers. excep, justices o.,
the peace and Judges or justices Of Inferior
the senate. On tn recommendation OF the
governor, IL two-tAirdS uf all the memb.r rs
elected 10 tho senate concur therein. Blu,
no officer shall be removed by virtue a.,
be entered on the journals, nor unless he
shall have been served with "a statem.n,
Of the cause alleged. and shall have had
an opportunity 20 he heard. on the cues.
ton OF removal. the yeas and nays shall
be- entered on tho journal
Section ll@l u. 40 person shall hol,
the office Of Judge tori, Justice o. any
court or surrogate longer than until and
after he sidI be seventy years OF age.
Zach justice Of the supreme court shIll
receive from the STATE 1.-The sunni an an.
nual salary of ten thousand dollars per
yearl, Those assigned to the appe Ia "a
divisions In the third ard fvsrth depart.
ments shall each receive In addition the
sum Of TWO thousand dollars. and the pre-.
siding Justices thereof the sum OF two thou,
sand nNr hundred dollars per year. THOSE
The justices now In office or hereafter
elected In the iirst and second judicial de,
partmpnts shall continue 10 receive from
their respective cities, counties or dis.
tricts. a. now provided ny law. such add
tionai compensation IS Will make ,nei,
now receiving. Those justices elected in
any Judicial department other thnn m,
tirst or second, and assigned 10 the ap,