2023 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.
2-a.  Whenever  the governor's appointment, upon advice and consent of
the senate, for chief judge of the court of appeals, causes a vacancy in
the office of associate judge of the court of appeals, the governor  may
make  an  appointment  for  the  associate  judge vacancy from among the
commission's recommendations for  the  preceding  chief  judge  vacancy,
provided  that the associate judge vacancy occurs within sixty days from
the promulgation of recommendations by the commission for the  preceding
chief  judge vacancy. The governor may make such appointment immediately
upon the occurrence of the associate judge vacancy. If the governor does
not appoint a nominee from among those  recommended  for  the  preceding
chief  judge  vacancy  within  fifteen  days  of  the  occurrence of the
associate judge vacancy, or upon notice  from  the  governor,  whichever
occurs  sooner,  the  clerk  of  the  court  of appeals shall notify the
commission of the vacancy. Notwithstanding any other limitations of time
established  by  this   section,   the   commission   shall   make   its
recommendations  to  the  governor no later than one hundred twenty days

after receipt of such notice, and the governor shall  make  his  or  her
appointment  from  among  those persons recommended to him or her 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.