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New York · Through 2026-09-11

N.Y. Const. art. VI, § 26: Temporary assignments of justices or judges to other courts

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Where this section sits in the code
  1. Constitution
  2. Article VI. Judiciary

§ 26. a. A justice of the supreme court may perform the duties of

office or hold court in any county and may be temporarily assigned to

the supreme court in any judicial district or to the court of claims. A

justice of the supreme court in the city of New York may be temporarily

assigned to the family court in the city of New York or to the

surrogate's court in any county within the city of New York when

required to dispose of the business of such court.

b. A judge of the court of claims may perform the duties of office or

hold court in any county and may be temporarily assigned to the supreme

court in any judicial district.

c. A judge of the county court may perform the duties of office or

hold court in any county and may be temporarily assigned to the supreme

court in the judicial department of his or her residence or to the

county court or the family court in any county or to the surrogate's

court in any county outside the city of New York or to a court for the

city of New York established pursuant to section fifteen of this

article.

d. A judge of the surrogate's court in any county within the city of

New York may perform the duties of office or hold court in any county

and may be temporarily assigned to the supreme court in the judicial

department of his or her residence.

e. A judge of the surrogate's court in any county outside the city of

New York may perform the duties of office or hold court in any county

and may be temporarily assigned to the supreme court in the judicial

department of his or her residence or to the county court or the family

court in any county or to a court for the city of New York established

pursuant to section fifteen of this article.

f. A judge of the family court may perform the duties of office or

hold court in any county and may be temporarily assigned to the supreme

court in the judicial department of his or her residence or to the

county court or the family court in any county or to the surrogate's

court in any county outside of the city of New York or to a court for

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

article.

g. A judge of a court for the city of New York established pursuant to

section fifteen of this article may perform the duties of office or hold

court in any county and may be temporarily assigned to the supreme court

in the judicial department of his or her residence or to the county

court or the family court in any county or to the other court for the

city of New York established pursuant to section fifteen of this

article.

h. A judge of the district court in any county may perform the duties

of office or hold court in any county and may be temporarily assigned to

the county court in the judicial department of his or her residence or

to a court for the city of New York established pursuant to section

fifteen of this article or to the district court in any county.

i. Temporary assignments of all the foregoing judges or justices

listed in this section, and of judges of the city courts pursuant to

paragraph two of subdivision j of this section, shall be made by the

chief administrator of the courts in accordance with standards and

administrative policies established pursuant to section twenty-eight of

this article.

j. (1) The legislature may provide for temporary assignments within

the county of residence or any adjoining county, of judges of town,

village or city courts outside the city of New York.

(2) In addition to any temporary assignments to which a judge of a

city court may be subject pursuant to paragraph one of this subdivision,

such judge also may be temporarily assigned by the chief administrator

of the courts to the county court, the family court or the district

court within his or her county of residence or any adjoining county

provided he or she is not permitted to practice law.

k. While temporarily assigned pursuant to the provisions of this

section, any judge or justice shall have the powers, duties and

jurisdiction of a judge or justice of the court to which assigned. After

the expiration of any temporary assignment, as provided in this section,

the judge or justice assigned shall have all the powers, duties and

jurisdiction of a judge or justice of the court to which he or she was

assigned with respect to matters pending before him or her during the

term of such temporary assignment.

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