New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-05
STATE CONSTITUTION.

sNr-rfns court for terms y. -.-,tv. term.
Of okic.. = lee. th.n ~. y-ar. From nm
10 tim. a, tn. terms OF lsuchl re asss.n
ton. .ruirs or vacancies occur, ~ Pow
M ,bsu rn... new designations. rna'nr
nv Of M. Justice. 30 Designated 70 slt III nj
appellate division. in .sch Spa IN ...,ac..
,hou b. ss.s0natsd 20 80 ~ ~ az ~ co,.
d,rt.4o- n ~. 1-sf d>pG-f'uerf. btt ~ go
~, p~e'id'ng ]usf'ce 'herse az ant ~, q;
~.,f.r, 90 -so1,-. the governor SHAH d>L,g
nat, f,ro additional fsstso>s TO 80 t ~ 80
ne may also make Temporal eeD1.s 80 a.,
OF isnyl justic, % ony m ~ ,.1,,
division. ne rresids-o iS'''e, hero -, NY
asssgn 1-y Of IN, justices Of The 'uI ~, ~,
st,~h ab,>-re o. trabihfv b.f 10 fIst'e- shdlI
B., 50 d,uouat>g % ~ Longer Nan ~
,nS7'h, 81 a.. y sST 9I Division shall
certify % thiml o.. sot~"or tht ~
more additions justices ar. noer-a 81
sp.ed, disposition o. tho business before ~ !
...tS, ~ a.,s,t~s. Whenever the apshs,e
division in any department shall be unseis
TO dispos. Of is business within r-s,onaDs
I'm, a majority OF th- presidinF Justices o.
m. several departments a. a m"etinz cahed
by the presiding Justice OF no oeps I'in,n'
OF fh> ranyl pending appeals as the prs',dir1
)ssflces may def>r-,tr, 10 h nrce'sGry .'o.i.
,uch depart fnent 20 any othsr department. iSr
hearing ant denomination. 10 )us'l'e % ~
rnent n which he mag 10 designated 20 peI
form mo duties % an appellate Justice ei1I
else any OF ths powers % jstlee OF nv
supreme court. other than those az lu'tlee
oui Of court. ana those pertaining 10 M
appellate division. or 20 The hearing ana "
cislon Of motions submitted BY consent OF
cour,ei bur any rich justoe, when not actu-
ally enFageI Ia performing tho duties OF 10y
appellate Justice IN The department 20 yh,s ~
supreme court and exercise any Of the powers
Of justics Of tbs supreme court IN any
county o. judicial district In any olhot ~.
psrtment OF the state. Inc oppsHofs eii's'0H
srcept 0- herciu provided shoH bdve ne
Jurisdiction -oic exercised b. ~ FROM tho
amer IN. asst DAY o. December. eighteen nun
dred and ulns.y-fy.. the appellate DIVISION
shall have IN. Jurisdiction now eIerclseo
the supreme court az It's general terms am
by the general terms OF the court o. coininSh
plea. for the city and county OF SeN doIs
he superior court ot tn. city OF Sew iorh.
The superior court OF Buffalo ana mo CITY OF
brooklyn and such additional jurisdiction as
may be conferred b. the Legislature. On dp-
pals from Judgments 81 conviction ~ cfr1
i-al cases. the oppeI10fs division OF ths appe'-
late term az the oase r'at Be mo. feau1e ~
serteno. imposed BY rs friaI cosrt or tud0e
j, shall have power 70 appoint and remove 4
reporter The justices oi the sppella,. di-
vision in ,sch department. shall have power
10 ~ tho time. and places for holding me
special terms o. the saprer,e court thetelh,
and 10 assign tho justices IN the departments
N hold such terms j. Tor 10 make rules
therefor.
AEsTEt Iris section 10 tmsnccu 80 ~ "
provide for the continusnce OF IN. preeen'
division OF the state into four judicial de
partmeuts. 1t Increases ths number OF )s
ices Of the appellate division IL the nrst De
psrtment 10 MOI less nan Isn nor more 'h.n
twelve. and IN the second department. 10
seven. leaving Eve Justice, In eacn OF
the other departments. as at present pro
vidsd. la order 10 make IL possible for ms
appellate division in the FIRST department 10
dispose OF the growing Volume OF It's appellate
business, which in 1913 amounted 10 upwards
OF 500 appeals and $50 original motions
nearly douUie that Of any other court In the
state the court j. authorized 10 sit IN two
parts and II the presiding Justice at any
uDe shall certify 20 the governor that the
interests u Justice 30 require, he may desr
nate two adaltlonsi justices TO sit IN thst o.
vision The presiding justice OF any tppeHate
division Ia also authorized, In case VI tho
absence Or inability 20 act OF any Justice
hereof. to assign any Justice o. me supreme
court 10 sit In the appellate division during
such absence or inabl4lty, but for a period
not longer than four months In any year. II
10 further provided that on appeals from jndg
pents OF conviction ia criminal cases the ap
p~lIate division OF the appellate term, as the
case may b. may reduce tho sentence imposed
~ the trial court or Judge. For the purpose
OF better distribution Of the judicial business
OF the department. the justices OF The appel
late division In each department. are xiyeh
power . nI the times and places for holding.
not only the specid! terms Of tho supreme
court (at which equity cstes only are trsblel.
but also all other terms Of the supreme court IN
that department. and TO assign the justices In
the departments 10 hold such terms. The obso-
le,e provisions referring 10 the court Of COM
mon plea, FOR the city and county Of Nes
York. the superior court Of the city Of New
York. the superior court OF Buffalo and the
city court o. brooklyn. are stricken out
5ecfio, 3 There shall be an appellate term Of
TIE supreme court "a mo nrr and N ihs
second department. consisting o. not len than
fhrse nor more than hrc jasitcsf % fhe gu
Pfeme com. 90 be dcsicu1ftd GrHgdHp b. me
departments fsspscf,rcly. such appellate d.
t.s.ors respectively may designate lusfices 10
81 ~ fhe appellate term during sac femporiry
afsGbil'fy Of 9ry Or fhe jnsftccs prertousv
and The concurrence ~ majority o. ne jus-
rc>s DffiED shall be necessary 10 q decision.
All appeal, fror, judsm>nfs and Ord,rs "a c,rtI
case, made ~ conuiy c0nrfs rtfAtr s4eh DE-
pdrfpenis. Grd az appeals from judgments
and orders made BY ths CITY court OF Tho
CIV Of hes York. fbc municipal Cogt Of tho
city Of Esu York. i.s court o. special sessions
Of TIE ct.y ~ Aep i0rk. as such courts row
c-isf. Or as hereafter cor,ohfdted or rsor9dn-
fzrd VursuOrf % fhtS article. and b. 81! oihrr
iEfcrior local colrfs ,rcepf courts he'd b.
ttsfic,s 81 the rsGce. ctfv p.dgisrGfs, c0Hfis.
ard courts o. spcriG. scsstors hs.d ~ one CT,
magistrate only, yifhiH ssch departments. shdli
tire indg CriGrPr ~ restrict TIE jurisdiction
o. hs appellate term Appeal, TO the opel
appellate term may De fGhef. Gs % r,0hT only
trhet ne appellate term on ret ersr1g n0di-
IyuO Judgment mgkes n>w findings u fcct
1rG rcrdefs Jtd0ri"ri thereon. APpsdls 70 fh>
appellate dtflsloH Gis0 rrGy BE- GnoVsf BY tho
propcr appellate division.
AbsrRhcT.- mi. new section provides that
~. appellate term u the supreme court In the
first and In the second departments which
now Is composed ~ three justices changing
from month 20 month. In the future shall con
sist ~ not less than three. nor more ihnn I'VE
Justices. 10 Dee annually Designated by the sp-
pellate division. thus giving IL greater perman-
.ucy ana a1ordinG opportunity 10 the mem
hr.s - the court 10 develop into more har-
monIous rorking body than Is possible under
the present system. The appellate division j.
also empowered to designate justices 10 sir
10 the appellate term during the Temporary
disability = any or those regularly designa ted.
The appellate Jurisdiction Of the appellate
term embraces. generally speaking, appeals
within such departments, subject 10 exceptions
as % certain courts and lirita tons as 10 GER
tain judgments and orders which clearly az
saiart. or restrict it's jurlsdictfor. Appeal
70 the appellate division from judgments or
orders 4 the appellate term arr, to be taken
o. q right only when the appellate term. On
reversing or modifying Judgment. makes new
hudIngs Of fact and renders judgment thereon !,
but Il Il provided that appeals 20 the appellate
division may be allowed ~ that court This
smendu ent i csigned 10 relieve the appelat.
divisions from the Consideration Of matters
which are generally Of less importEnce than
those arising IN the supreme court and on the
other hand 70 make Of the appellate term
dizaieed and -hsisg ;!, e5sash x The court
the appellate term appellat. division Or In the
court Of appeals In review OF decision made
BY bin or b., any court Of which he was At
the time sitting member. The testimony
in equity cases shall De taken In Ike manner
IN cases at Jaw and. except as herein
otherwise provided. the Legislature shall hay.
Jurisdiction and proceedings In law and %
-quity that IL has heretofore exercised
ABsrEIcT.- by this section as amended II.
sittins ta Ii. appellate division or IN the
court Of appeal. IN review OF a decision made
BY him or ~ an! court OF "hi.h ne was az