2023 New York Laws › JUD - Judiciary › Article 2 - General Provisions Relating to Courts and Judges › 8 - Emergency Relocations of Court Terms.

§  8.  Emergency  relocations  of  court terms. 1. Notwithstanding any
  other provision of law, if an emergency or other exigent circumstance or
  the imminent threat thereof prevents the safe and practicable holding of
  a term of any court at the location designated by law therefor, then:
a. the governor, after consultation with the chief judge or his or her
  designee if practicable, may by executive order appoint another location
  for the temporary holding of such term if it is a term of a trial court;
  or
b. where the governor has not acted pursuant to paragraph  a  of  this
  subdivision, or if it is a term of a court other than a trial court, the
  chief  judge  or  his  or  her  designee (or the presiding justice of an
  appellate division or his or her designee  if  it  is  a  term  of  such
  appellate  division  or of an appellate term established in the judicial
  department served by such  appellate  division)  may  by  order  appoint
  another  location  for  the temporary holding of such term; except that,
  where the court is a  trial  court,  nothing  in  this  paragraph  shall
  prevent  the  issuance of a superseding order pursuant to paragraph a of
  this subdivision.
2. To the extent practicable, an order pursuant to subdivision one  of
  this section:
a.  shall  designate the most proximate location in which such term of
  court safely and practicably can be held, without  limitation  based  on
  the  judicial department, judicial district, county, city, town, village
  or other geographical district for which such court was established;
b. shall  be  made  in  conformance  with  state  and  local  disaster
  preparedness  plans  governing  the continued effective operation of the
  civil and criminal justice systems pursuant to sections  twenty-two  and
  twenty-three of the executive law; and
c.  for  a  trial  court other than the court of claims, shall be made
  after consultation with the chief executive officer of the county, city,
  town or village for which such  court  was  established  and  the  chief
  executive  officer of the corresponding county, city, town or village to
  which the term of such court temporarily would be  relocated,  or  their
  designees.
3.  An  order  pursuant  to  subdivision  one of this section shall be
  effective for no more than thirty  days  and  may  be  reauthorized  for
  successive  periods  of no more than thirty days each in like fashion as
  an original order. As soon as practicable, such  order  shall  be  filed
  with  the  office of court administration and the office of the clerk of
  each county affected thereby, and shall be publicized by the best  means
  practicable and for such duration as such order shall provide.
4. Every term of court subject to an order pursuant to subdivision one
  of  this  section  shall,  for  the  duration of such order, continue to
  preside for the original judicial department, judicial district, county,
  city, town, village or other geographical district for which such  court
  was  established,  and every action and proceeding in such term shall be
  subject to the same substantive and procedural law as would have applied
  had such term not been temporarily relocated.
5. Notwithstanding any other provision of section thirty-nine of  this
  article,  if  an order pursuant to subdivision one of this section shall
  temporarily relocate a term of court outside the county, city,  town  or
  village  for  which  such  court  was  established,  then  the  costs of
  temporarily  providing  facilities  suitable  and  sufficient  for   the
  transaction of business of such court outside such county, city, town or
  village shall be charges upon the office of court administration.