N.Y. Const. art. VI, § 35: Abolition of certain courts; disposal of records; transfer of judges, justices, court personnel and pending actions and proceedings

§ 35. a. The children's courts, the court of general sessions of the

county of New York, the county courts of the counties of Bronx, Kings,

Queens and Richmond, the city court of the city of New York, the

domestic relations court of the city of New York, the municipal court of

the city of New York, the court of special sessions of the city of New

York and the city magistrates' courts of the city of New York are

abolished from and after the effective date of this article and

thereupon the seals, records, papers and documents of or belonging to

such courts shall, unless otherwise provided by law, be deposited in the

offices of the clerks of the several counties in which these courts now

exist.

b. The judges of the county court of the counties of Bronx, Kings,

Queens and Richmond and the judges of the court of general sessions of

the county of New York in office on the effective date of this article

shall, for the remainder of the terms for which they were elected or

appointed, be justices of the supreme court in and for the judicial

district which includes the county in which they resided on that date.

The salaries of such justices shall be the same as the salaries of the

other justices of the supreme court residing in the same judicial

district and shall be paid in the same manner. All actions and

proceedings pending in the county court of the counties of Bronx, Kings,

Queens and Richmond and in the court of general sessions of the county

of New York on the effective date of this article shall be transferred

to the supreme court in the county in which the action or proceedings

was pending, or otherwise as may be provided by law.

c. The legislature shall provide by law that the justices of the city

court of the city of New York and the justices of the municipal court of

the city of New York in office on the date such courts are abolished

shall, for the remainder of the term for which each was elected or

appointed, be judges of the city-wide court of civil jurisdiction of the

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

and for such district as the legislature may determine.

d. The legislature shall provide by law that the justices of the court

of special sessions and the magistrates of the city magistrates' courts

of the city of New York in office on the date such courts are abolished

shall, for the remainder of the term for which each was appointed, be

judges of the city-wide court of criminal jurisdiction of the city of

New York established pursuant to section fifteen provided, however, that

each term shall expire on the last day of the year in which it would

have expired except for the provisions of this article.

e. All actions and proceedings pending in the city court of the city

of New York and the municipal court in the city of New York on the date

such courts are abolished shall be transferred to the city-wide court of

civil jurisdiction of the city of New York established pursuant to

section fifteen of this article or as otherwise provided by law.

f. All actions and proceedings pending in the court of special

sessions of the city of New York and the city magistrates' courts of the

city of New York on the date such courts are abolished shall be

transferred to the city-wide court of criminal jurisdiction of the city

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

as otherwise provided by law.

g. The special county judges of the counties of Broome, Chautauqua,

Jefferson, Oneida and Rockland and the judges of the children's courts

in all counties outside the city of New York in office on the effective

date of this article shall, for the remainder of the terms for which

they were elected or appointed, be judges of the family court in and for

the county in which they hold office. Except as otherwise provided in

this section, the office of special county judge and the office of

special surrogate is abolished from and after the effective date of this

article and the terms of the persons holding such offices shall

terminate on that date.

h. All actions and proceedings pending in the children's courts in

counties outside the city of New York on the effective date of this

article shall be transferred to the family court in the respective

counties.

i. The justices of the domestic relations court of the city of New

York in office on the effective date of this article shall, for the

remainder of the terms for which they were appointed, be judges of the

family court within the city of New York.

j. All actions and proceedings pending in the domestic relations court

of the city of New York on the effective date of this article shall be

transferred to the family court in the city of New York.

k. The office of official referee is abolished, provided, however,

that official referees in office on the effective date of this article

shall, for the remainder of the terms for which they were appointed or

certified, be official referees of the court in which appointed or

certified or the successor court, as the case may be. At the expiration

of the term of any official referee, his or her office shall be

abolished and thereupon such former official referee shall be subject to

the relevant provisions of section twenty-five of this article.

l. As may be provided by law, the non-judicial personnel of the courts

affected by this article in office on the effective date of this article

shall, to the extent practicable, be continued without diminution of

salaries and with the same status and rights in the courts established

or continued by this article; and especially skilled, experienced and

trained personnel shall, to the extent practicable, be assigned to like

functions in the courts which exercise the jurisdiction formerly

exercised by the courts in which they were employed. In the event that

the adoption of this article shall require or make possible a reduction

in the number of non-judicial personnel, or in the number of certain

categories of such personnel, such reduction shall be made, to the

extent practicable, by provision that the death, resignation, removal or

retirement of an employee shall not create a vacancy until the reduced

number of personnel has been reached.

m. In the event that a judgment or order was entered before the

effective date of this article and a right of appeal existed and notice

of appeal therefrom is filed after the effective date of this article,

such appeal shall be taken from the supreme court, the county courts,

the surrogate's courts, the children's courts, the court of general

sessions of the county of New York and the domestic relations court of

the city of New York to the appellate division of the supreme court in

the judicial department in which such court was located; from the court

of claims to the appellate division of the supreme court in the third

judicial department, except for those claims which arose in the fourth

judicial department, in which case the appeal shall be to the appellate

division of the supreme court in the fourth judicial department; from

the city court of the city of New York, the municipal court of the city

of New York, the court of special sessions of the city of New York and

the city magistrates' courts of the city of New York to the appellate

division of the supreme court in the judicial department in which such

court was located, provided, however, that such appellate division of

the supreme court may transfer any such appeal to an appellate term, if

such appellate term be established; and from the district court, town,

village and city courts outside the city of New York to the county court

in the county in which such court was located, provided, however, that

the legislature may require the transfer of any such appeal to an

appellate term, if such appellate term be established. Further appeal

from a decision of a county court or an appellate term or the appellate

division of the supreme court shall be governed by the provisions of

this article. However, if in any action or proceeding decided prior to

the effective date of this article, a party had a right of direct appeal

from a court of original jurisdiction to the court of appeals, such

appeal may be taken directly to the court of appeals.

n. In the event that an appeal was decided before the effective date

of this article and a further appeal could be taken as of right and

notice of appeal therefrom is filed after the effective date of this

article, such appeal may be taken from the appellate division of the

supreme court to the court of appeals and from any other court to the

appellate division of the supreme court. Further appeal from a decision

of the appellate division of the supreme court shall be governed by the

provisions of this article. If a further appeal could not be taken as of

right, such appeal shall be governed by the provisions of this article.