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§§ 57-62

Court of Appeals.

Art. 3

§ 57. Appointment of clerk, reporter, law clerk, messenger and attendants to the court. The court of appeals may, from time to time, by an order entered in its minutes, appoint and remove its clerk, its reporter, a law clerk, a messenger, and such attendants as it deems necessary.

Formerly Code Civil Procedure, § 198, with L. 1871, ch. 238, § 2 part, as am'd by L. 1905, ch. 247, § 1, and L. 1890, ch. 26, § 1 part, incorporated.

§ 58. Appointment of clerks to judges of court of appeals. Each judge of the court of appeals may appoint and at pleasure remove a clerk.

Formerly Code Civil Procedure, § 202.

§ 59. Appointment of confidential clerk by chief judge of court of appeals. The chief judge of the court of appeals is authorized to appoint a confidential clerk. Said confidential clerk shall be in lieu of the clerk allowed the chief judge of the court of appeals pursuant to section fifty-eight of this chapter.

Formerly L. 1871, ch. 238, § 2 part, as am'd by L. 1905, ch. 247, § 1.

§ 60. Removal of state reporter for neglect of duty. If the state reporter neglects faithfully to perform the duty of reporting causes determined in the court of appeals it is the duty of the court to remove him from office.

Formerly Code Civil Procedure, § 210 part.

§ 61. Opinions of judges of court of appeals must be delivered to state reporter. To enable the state reporter to perform the duty of reporting causes determined in the court of appeals, the judges of the court must deliver to him the written opinions, rendered in each cause so determined.

Formerly Code Civil Procedure, § 210 part.

§ 62. Duty of court of appeals to direct action on forfeiture of bond given by clerk of court. If the bond given by the clerk of the court of appeals, before entering upon his duties, as prescribed by law, is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought thereon. The money recovered must be applied, under the direction of the court of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other loss, occasioned by the breach. Formerly Code Civil Procedure, § 199 part.

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ARTICLE 4

Appellate Division

Section 70. Judicial departments.

71. Number of justices of appellate division in each department.

72. Designations by governor of justices of appellate

division.

72. Revocation of designation of justice of appellate division.

74. Expenses of justices of supreme court designated to appellate division except in first and second departments.

75. Additional compensation to nonresident justices of supreme court designated to appellate division in first department.

76. Additional compensation to nonresident justices of supreme court assigned to appellate division of second department.

77. Location of appellate court in each department. 78. Terms of appellate division in each department. 79. Appointment of terms of appellate division.

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80. Extraordinary terms of appellate division.

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81. Associate justice of appellate division to preside in absence of presiding justice.

82. Rules of practice.

83. Power of appellate division as to calendars.

84. Designation by appellate division of special and
trial terms.

85. Transfer of appeals to different departments.
86. Designation by presiding justice of appellate divi-
sion of justice to hold term of supreme court.
87. Appellate division may direct county clerk to destroy

papers.

88. Admission to and removal from practice by appellate division.

89. Appellate division may compel sheriff to attend to room in which court is held.

90. Appointment and removal of supreme court reporter. 91. Special meeting of convention of appellate division justices to appoint or remove supreme court reporter.

So in original. See page 1995.

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Section 92. Delivery of opinions to reporter.

93. Convention of justices of appellate division.
94. General rules of practice must be established by
convention of justices of appellate division.

95. General rules of practice must be published.
96. Rules appointing terms must be signed and filed.
97. Designation of daily law journal by justices of ap-
pellate division in first department.

98. Justices of appellate division in first department
may make rules for management of law libraries
and court-houses of appellate division and su-
preme court.

99. General powers of justices of appellate division in
first department to make rules for calendar prac-
tice and administration of justice in supreme
court in first district.

100. General powers conferred upon presiding justice.
and appellate division in first department.
101. Appointment of clerks and assistant clerks of the
appellate division.

102. Appointment of confidential clerks of appellate div-
sion in second department.

103. Appointment of confidential clerks to justices in first and second department.

104. Power of justice of appellate division of first department to appoint confidential clerk of the appellate term.

105. Appointment of case and consultation clerk by jus tices of appellate division in second department. 106. Appointment of consultation clerk in fourth de

partment.

107. Power of justices of appellate division in first de-
partment to appoint special deputy clerks to the
clerk of the county of New York.

108. Designation of supreme court jury clerk by justices.
of appellate division in first department.
109. Appointment of stenographers by justices of the ap-
pellate division.

110. Appointment of typewriters by justices of appellate
division in first and second departments.

111. Appointment of attendants by justices of the appellate division.

112. Appointment of crier and assistant crier of appellate division in first department.

Art. 4

Appellate Division.

§§ 70-72

Section 113. Appointment of interpreters for supreme court by

justices of appellate division.

114. Power of justices of appellate division in first department to regulate attendance and duties of officers of supreme court in first district.

115. Appointment of official referees in appellate division of first department.

116. Compensation of official referees in appellate division of first department.

§ 70. Judicial departments. The state is hereby divided into four judicial departments. The first department shall consist of the county of New York; the second department shall consist of the counties embraced within the present second and ninth judicial districts; the third department shall consist of the counties embraced within the present third, fourth and sixth judicial districts; the fourth department shall consist of the counties embraced within the present fifth, seventh and eighth judicial districts.

Formerly Code Civil Procedure, 219, with L. 1906, ch. 294, § 4, incorporated.

§ 71. Number of justices of appellate division in each department. The appellate division of the supreme court shall consist of seven justices in the first department and of five justices in each of the other departments.

Formerly Code Civil Procedure, § 220 part.

§ 72. Designations by governor of justices of appellate division. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department, and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years, or the unexpired portions of their respective terms of office, if less than five years. From time to time, as the terms of such designations expire, or vacancies occur, he shall make new designations. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division. A majority of the justices designated to sit in the appellate division in each department shall be residents of the departments. A designation of a justice of the appellate division of the supreme court must be in writing, and filed in the office of the secretary of state.

Formerly Code Civil Procedure, §§ 220 part, 223.

§§ 73-76

Appellate Division.

Art. 4

§ 73. Revocation of designation of justice of appellate division. Upon the written request of a justice designated for the appellate division, the governor may revoke his designation by an order to be filed in the office of the secretary of state. Where such designation is revoked, the governor may prescribe the duties to be performed by such justice in holding court in any part of the state, from the time of such revocation until the taking effect of the next appointment of terms, as prescribed in this chapter, for the judicial department in which such justice resides.

Formerly Code Civil Procedure, § 222.

§ 74. Expenses of justices of supreme court designated to appellate division, except in first and second departments. Every justice of the supreme court, who has been, or shall hereafter be, designated as a presiding or associate justice of any of the appellate divisions of the supreme court of this state, except in the first and second departments, and who resides in a county other than that in which the court to which he is assigned is held, shall be paid annually the sum of twenty-five hundred dollars in full for all his actual and necessary expenses and disbursements paid or incurred by him while absent from the county in which he resides, in the performance of his duties as such justice, including his expenses in going to and returning from the place where such court is held.

Formerly L. 1896, ch. 390, § 1, as am'd by L. 1901, ch. 468, § 1.

§ 75. Additional compensation to nonresident justices of supreme court designated to appellate division in first department. A justice of the supreme court from any judicial district other than the first judicial district designated as one of the justices of the appellate division in the first department shall be paid by the city and county of New York such sum as shall be certified by the presiding justice of the first department to be a reasonable compensation for his increased expenses and disbursements in the performance of his duties under such designation, not exceeding such sum as shall, together with the salary and expenses allowed to him by other provisions of law, make the amount received by him in any one year equal to the amount received for compensation by a justice of the supreme court residing in the first judicial district.

Formerly L. 1882, ch. 410, § 1109 part, as am'd by L. 1897, ch. 199, § 1.

§ 76. Additional compensation to nonresident justices of supreme court assigned to appellate division of second department. A justice of the supreme

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