N.Y. Judiciary Law § 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.