N.Y. Uniform Justice Court Act § 2300: Application of this act

§ 2300. Application of this act.

(a) Reference to UJCA. All references to the "uniform justice court

act" or to the "UJCA" in any law of the state shall be deemed a

reference to this act or to the appropriate portions thereof.

(b) Courts to which applicable.

1. Town and village courts. This act shall apply to:

(i) every court in the state which is established in and for a town,

whether denominated "justice court", "justice's court", "justice of the

peace", "town court", "office of justice of the peace", or any other

combination of words denoting the office or court commonly known as that

of justice of the peace of a town; and

(ii) every court in the state which is established in and for a

village, whether denominated "village court", "village justice", "police

justice", "police court", "village police justice", "village justice of

the peace", "office of village police justice", or any other combination

of words denoting the office or court commonly known as that of village

police justice, except as provided by subdivision (d) (2) regarding

areas of a district court.

2. City courts. The applicability of this act to courts established in

and for cities outside the city of New York, regardless of the name or

designation of such courts, shall be as provided in the following

subparagraphs.

(i) Civil jurisdiction. If the court has civil jurisdiction, but in

its exercise is governed by the UCCA pursuant to either paragraph one or

three of UCCA § 2300(c), no part of this act shall apply to such court.

If the court exercised civil jurisdiction immediately prior to the

effective date of this act and in the exercise thereof the court was and

is not governed by the UCCA pursuant to either paragraph one or three of

UCCA § 2300(c), this act, with the exception of article 20 and such

other provisions hereof as are concerned with the criminal practice and

procedure, shall apply to the court. In such instance, the basic

monetary jurisdiction of the court, for purposes of article two of this

act, shall be as elsewhere provided by law for such court; and if the

law providing for the monetary jurisdiction of such court states no

monetary figure, but adopts by reference such figure as is supplied by a

different law, the reference shall be disregarded and the monetary

jurisdiction of such court, for purposes of article two of this act,

shall be $500.

(ii) Criminal jurisdiction. Article 20 of this act, and such other

portions hereof as are concerned exclusively with criminal jurisdiction,

practice or procedure, shall not apply to any court established in and

for a city.

(c) Matters not governed by this act. The following, with regard to

each court to which this act is applicable as above provided, shall not

be governed by this act but shall be governed by such other provisions

of law as may be applicable to each such court:

1. All matters regarding justices of a court to which this act applies

such as are set forth with regard to justices of the supreme court in

subdivision (b) of section twenty of article six of the constitution;

and all matters regarding the selection, tenure and compensation of

justices, unless this act makes express provision therefor.

2. Matters regarding expenses of the court and matters regarding the

duties of justices and employees of the court to account for and pay

over fines, penalties, fees and any other monies received by them.

3. Matters regarding the selection, tenure and compensation of

non-judicial employees, including enforcement officers.

(d) 1. No court established or abolished. This act is not intended

either to establish or to abolish any court in the state.

2. Village courts in district court areas. Notwithstanding subdivision

(b) (1) (ii) of this section, a village court situated within a district

of any district court shall not have the civil jurisdiction conferred in

article two of this act, and its criminal jurisdiction shall be limited

to that provided for in the act creating, or regulating the

administration of, such district court.

(e) Preparation for UJCA. The appellate division of each department in

which are located courts to which this act applies in whole or in part

is empowered as of the time this act is approved by the governor to take

all needful measures to the end that such courts to which this act

applies be ready for operation hereunder on the effective date of this

act. In addition to the powers otherwise conferred by law, any

municipality in which is located a court to which this act applies shall

have the power to appropriate and spend money in the manner provided by

law for the cost of transition under this act.

(f) Acts repealed. Chapter nine hundred thirty-seven of the laws of

nineteen hundred twenty, constituting the justice court act, and all

acts amendatory thereof, are hereby REPEALED.