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Article VI, § 4

appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.

1907. S. No. 353 (Int. 320). (Substituted for A. No. 754.) To Sec. of State.

1909.

S. J. 151, 276, 293, 307, 478.

A. J. 536, 786, 863.

A. No. 754 (Int. 697). (S. No. 353 substituted.)

A. J. 320, 612, 642, 662, 729, 787, 791.

S. No. 241 (Int. 236). To A.

S. J. 119, 553, 583, 594.

A. J. 1070.

84. The official terms of the Justices of the Supreme Court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of Justice of the Supreme Court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the Governor by and with the advice and consent of the Senate, if the Senate shall be in session, or if not in session the Governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Commencement of term of supreme court justices vacancies other than expiration of term

4. The official terms of the justices of the supreme court shall be fourteen years from and including the first day of January of the odd numbered year next after their election. When a vacancy shall occur otherwise than by *experation of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election in an even numbered year, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled the governor, by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor may fill such vacancy by appointment, which shall continue until and including the last

* So in original.

Article VI, § 4

day of December next after the election at which the vacancy shall be filled.

1898. A. No. 894 (Int. 778).

A. J. 491.

2. Court of appeals to fill vacancies-in supreme court by appointment until general election

§ 4. The official [terms] term of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy [shall occur] occurs otherwise than [by] the expiration of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor, court of appeals may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled].

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3. Elections to fill vacancies in supreme court in odd numbered years extension of term of certain justices

4. The official terms of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme court the same shall be filled for a full term at the next general election happening in an odd numbered year, not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in session or, if not in session, the governor may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. All elections for justices of the supreme court shall be held on the Tuesday succeeding the first Monday of November in an odd numbered year, and the term of every such justice shall expire at the end of an odd numbered year. The term of office of all justices of the

Article VI, § 5a

supreme court elected before this provision of the constitution shall take effect whose successors have not then been elected, which would expire within an even numbered year, are extended to and including the last day of December next following the time when such term would otherwise expire; and their successors shall be elected at the general election before their term of office shall expire, as herein provided.

1904. S. No. 196 (Int. 190).

S. J. 63.

A. No. 251 (Int. 244).
A. J. 99.

(Same as A. No. 251.)

(Same as S. No. 196.)

4. Appointee to fill vacancy in supreme court of same political party as predecessor

4. The official terms of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme court the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy [occurs] happens; and, until the vacancy shall be [so] filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor, may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. But in filling such vacancy by appointment the appointee named by the governor shall in all cases be of the same political party and faith as was the justice to fill whose place he shall be appointed.

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5. Consolidating city court of New York with supreme court

5a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and ten, and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and determination. The judges of said court elected thereto or

Article VI, § 5a

in office on the first day of January, nineteen hundred and ten, shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial district in which they reside. The jurisdiction now exercised by the city court of New York hereby abolished shall be vested in the supreme

court.

1907. A. No. 287 (Int. 286).

A. J. 81, 447.

1908. S. No. 64 (Int. 63). (Same as A. No. 390.)

S. J. 27.

A. No. 390 (Int. 379). (Same as S. No. 64.)

A. J. 112.

5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, 1910, and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the Supreme Court for hearing and determination. The judges of said court elected thereto or in office on the first day of January, 1910, shall, for the remainder of the term for which they were elected or appointed, be justices of the Supreme Court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the Supreme Court residing in the county of New York. Their successors shall be elected as justices of the Supreme Court by the electors of the judicial district in which they reside. The number of justices of the Supreme Court in the first district, as increased by the provisions of this section, shall be in addition to, and not included in computing the number which the Legislature is authorized to create, in such district, by the provisions of section 1 of this article. The jurisdiction now exercised by the city court of New York hereby abolished shall be rested in the Supreme Court. Section 1 of this article providing for the manner in which the number of justices of the Supreme

Article VI, § 5a

Court may be increased, shall not be affected by, nor shall it be deemed to affect or apply to the increase in the number of justices of the Supreme Court effected by the consolidation of the said city court of the city of New York with the Supreme Court.

1908. S. No. 654 (Int. 562).

S. J. 297.

§ 5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and ten, and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and determination. The judges of said court elected thereto or in office on the first day of January, nineteen hundred and ten, shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial district in which they reside. The number of justices of the supreme court in the first district, as increased by the provisions of this section, shall be in addition to, and not included in computing the number which the legislature is authorized to create, in such district, by the provisions of section one of this article. The jurisdiction now exer cised by the city court of New York hereby abolished shall be vested in the supreme court.

1908. A. No. 1054 (Int. 883).

A. J. 503.

§ 5-a. (Proposal to add the following new section:) The city court of the city of New York is abolished from and after the first day of January, nineteen hundred and twelve and thereupon the seals, records, papers and documents of or belonging to said court shall be deposited in the office of the clerk of the county of New York; and all actions and proceedings then pending in said court shall be transferred to the supreme court for hearing and

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