NY Jud L § 68 (2021)
2021 New York Laws JUD - Judiciary Article 3-A - Commission on Judicial Nomination 68 - Procedures When Vacancies Occur.

§  68.  Procedures  when  vacancies  occur. 1. Whenever a vacancy will occur in the office of chief judge or associate judge of  the  court  of appeals by expiration of term:  (a)  on  December thirty-first in a year fixed by the constitution for the election of the governor, the clerk of the court  of  appeals  shall notify  the  commission  of  the  anticipated  vacancy no later than May first.    The  commission  shall  make  its   recommendations   to   the governor-elect,   on   December  first.  The  governor  shall  make  his appointment  from  among  those  persons  recommended  to  him  by   the commission no sooner than January first nor later than January fifteenth thereafter; or  (b)  on  December thirty-first in a year fixed by the constitution for the election of members of the senate but not the governor, the clerk of the court of appeals shall notify  the  commission  of  the  anticipated vacancy  no  later  than  May  first.  The  commission  shall  make  its recommendations to the governor on December first.  The  governor  shall make  his appointment from among those persons recommended to him by the commission no sooner than January first nor later than January fifteenth thereafter; or  (c) on December thirty-first in any other year, the clerk of the court of appeals shall notify the commission of  the  anticipated  vacancy  no later  than  May first. The commission shall make its recommendations to the governor no later than October fifteenth. The  governor  shall  make his  appointment  from  among  those  persons  recommended to him by the commission no sooner than November fifteenth  nor  later  than  December first thereafter; or  (d)  on any other date, the clerk of the court of appeals shall notify the commission of the anticipated vacancy no  later  than  eight  months prior  to  the  date such vacancy will occur.  The commission shall make its recommendations to the governor no later than sixty  days  prior  to the  date of such vacancy.  The governor shall make his appointment from among those persons recommended to him by the commission no sooner  than fifteen  nor  more  than  thirty  days after receipt of the commission's recommendations.   2. Whenever a vacancy occurs other than by  expiration  of  term,  the clerk of the court of appeals shall immediately notify the commission of such  vacancy.  The  commission  shall  make  its recommendations to the governor no later than one hundred twenty days  after  receipt  of  such notice. The governor shall make his appointment from among those persons recommended  to  him  by  the commission no sooner than fifteen days nor later   than   thirty   days   after   receipt   of   the   commission's recommendations.   3.  Whenever a vacancy occurs and the senate is not in session to give its advice and consent to an  appointment  to  fill  such  vacancy,  the governor  shall  make  an  interim  appointment from among those persons recommended to him by the commission.    An  interim  appointment  shall continue  until  the senate shall pass upon the governor's selection. If the senate confirms an appointment, the judge  shall  serve  a  term  as provided  in  subdivision  a  of  section  two  of  article  six  of the constitution, commencing from the date of his  interim  appointment.  If the  senate  rejects an appointment, a vacancy in the office shall occur sixty days after such rejection.  If an interim appointment to the court of appeals be made from among the justices of the supreme court  or  the appellate  divisions  thereof,  that  appointment  shall  not affect the justice's existing office, nor create a vacancy in the supreme court, or the appellate division thereof, unless such appointment is confirmed  by the  senate  and  the appointee shall assume such office.  If an interim appointment of chief judge of the court of appeals be  made  from  among  the associate judges, an interim appointment of associate judge shall be made  in like manner; in such case, the appointment as chief judge shall not  affect  the  existing  office  of  associate  judge,  unless   such appointment  as chief judge is confirmed by the senate and the appointee shall assume such office.   4. (a) If the senate is in session at the time the governor  makes  an appointment  pursuant  to  subdivision  one  or two of this section, the appointment shall be made in accordance with the provisions  of  section seven  of  the  public  officers law. The senate shall confirm or reject such appointment  no  later  than  thirty  days  after  receipt  of  the nomination  from  the  governor. A vacancy shall be deemed to occur upon the rejection by the senate of such an appointment.  (b) Whenever the governor has made an interim appointment pursuant  to subdivision three of this section, he shall communicate on the first day that  the  senate  is  in  session  following  the making of the interim appointment, a written nomination to the senate in accordance  with  the provisions of section seven of the public officers law. The senate shall confirm  or  reject  such  appointment  no  later than thirty days after receipt of the nomination from the governor.   5. The failure of any officer or body to  perform  any  act  within  a limitation  of time established by this section shall not invalidate any appointment to the office of chief judge or associate judge of the court of appeals.