N.Y. Judiciary Law § 114: Retired judges of the court of appeals

§ 114. Retired judges of the court of appeals. 1. Any judge of the

court of appeals, retired pursuant to subdivision b of section

twenty-five of article six of the constitution, may, upon his

application, be certified by the administrative board for service as a

justice of the supreme court upon findings (a) that he has the mental

and physical capacity to perform the duties of such office and (b) that

his services are necessary to expedite the business of the supreme

court. A copy of such certificate shall be filed with the appellate

division of the department in which such retired judge resides and in

the office of court administration.

2. Any such certification shall be valid for a term of two years

beginning on the date of filing the certificate. At the expiration of

such term, the retired judge may be certified for additional terms of

two years each by the administrative board upon findings of continued

mental and physical capacity and need for his services. No retired judge

may serve under any such certification beyond the last day of December

in the year in which he reaches the age of seventy-six.

3. A retired judge so certified shall for all purposes, other than

determining the number of justices in a judicial district for the

purposes of subdivision d of section six of article six of the

constitution and section one hundred forty-a of this chapter, but

including powers, duties, salary, status and rights, be a justice of the

supreme court in the district in which he resides when so certified. A

retired judge shall be subject to assignment by the appellate division

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

4. The provisions of this section shall also be applicable to a judge

who has not yet reached the age of seventy-six and who reached the age

of seventy and retired as a judge of the court of appeals prior to the

effective date of this section.