N.Y. Const. art. VI, § 25: Compensation and retirement of certain judges and justices

§ 25. a. The compensation of a judge of the court of appeals, a

justice of the supreme court, a judge of the court of claims, a judge of

the county court, a judge of the surrogate's court, a judge of the

family court, a judge of a court for the city of New York established

pursuant to section fifteen of this article, a judge of the district

court or of a retired judge or justice shall be established by law and

shall not be diminished during the term of office for which he or she

was elected or appointed. Any judge or justice of a court abolished by

section thirty-five of this article, who pursuant to that section

becomes a judge or justice of a court established or continued by this

article, shall receive without interruption or diminution for the

remainder of the term for which he or she was elected or appointed to

the abolished court the compensation he or she had been receiving upon

the effective date of this article together with any additional

compensation that may be prescribed by law.

b. Each judge of the court of appeals, justice of the supreme court,

judge of the court of claims, judge of the county court, judge of the

surrogate's court, judge of the family court, judge of a court for the

city of New York established pursuant to section fifteen of this article

and judge of the district court shall retire on the last day of December

in the year in which he or she reaches the age of seventy. Each such

former judge of the court of appeals and justice of the supreme court

may thereafter perform the duties of a justice of the supreme court,

with power to hear and determine actions and proceedings, provided,

however, that it shall be certificated in the manner provided by law

that the services of such judge or justice are necessary to expedite the

business of the court and that he or she is mentally and physically able

and competent to perform the full duties of such office. Any such

certification shall be valid for a term of two years and may be extended

as provided by law for additional terms of two years. A retired judge or

justice shall serve no longer than until the last day of December in the

year in which he or she reaches the age of seventy-six. A retired judge

or justice shall be subject to assignment by the appellate division of

the supreme court of the judicial department of his or her residence.

Any retired justice of the supreme court who had been designated to and

served as a justice of any appellate division immediately preceding his

or her reaching the age of seventy shall be eligible for designation by

the governor as a temporary or additional justice of the appellate

division. A retired judge or justice shall not be counted in determining

the number of justices in a judicial district for purposes of

subdivision d of section six of this article.

c. The provisions of this section shall also be applicable to any

judge or justice who has not reached the age of seventy-six and to whom

it would otherwise have been applicable but for the fact that he or she

reached the age of seventy and retired before the effective date of this

article.