Art. 4 Appellate Division. §§ 106-110 § 106. Appointment of consultation clerk in fourth department. The presiding justice of the appellate division of the fourth department, with the approval of the other justices of said department, shall have power to appoint and remove a consultation clerk, who shall be an expert stenographer. Formerly Code Civil Procedure, § 221 part. § 107. Power of justices of appellate division in first department to appoint special deputy clerks to the clerk of the county of New York. The justices of the appellate division of the supreme court in the first department, or a majority of them, shall appoint and at pleasure remove, for each part or term of the supreme court in the first judicial district a special deputy to the clerk of the county of New York, and all necessary assistants to each of such special deputies. Formerly L. 1895, ch. 553, § 4 part, as am'd by L. 1896, ch. 362, § 1; L. 1897, ch. 656, § 1; L. 1898, ch. 379, § 1; L. 1899, ch. 374, § 1; L. 1900, ch. 654, § 1; L. 1906, ch. 643, § 1, and L. 1907, ch. 496, § 2. § 108. Designation of supreme court jury clerk by justices of appellate division in first department. The justices of the appellate division of the supreme court in the first department, or a majority of them shall designate and at pleasure revoke such designation and make a new designation of one of the special deputy clerks appointed pursuant to section one hundred and seven and assigned to a trial term, to be supreme court jury clerk in the first judicial district. Formerly L. 1895, ch. 553, § 4 part, as am'd by L. 1896, ch. 362, § 1; L. 1897, ch. 656, § 1; L. 1898, ch. 379, § 1; L. 1899, ch. 374, § 1 ; L. 1900, ch. 654, § 1; L. 1906, ch. 643, § 1, and L. 1907, ch. 496, § 2. § 109. Appointment of stenographers by justices of the appellate division. The justices of the appellate division of the supreme court in the first department, or a majority of them, must appoint, and may at pleasure remove, a stenographer for each part or term of the supreme court; and three stenographers, either male or female, for the appellate division of the first department. Each justice of the appellate division in each of the third and fourth departments shall have power to employ the services of a stenographer. Formerly L. 1895, ch. 553, § 9 part, as am'd by L. 1896, ch. 362. § 1, and L. 1900, ch. 753, § 1, with Code Civil Procedure, § 221 part. § 110. Appointment of typewriters by justices of appellate division in first and second departments. §§ 111, 112 Appellate Division. Art. 4 The justices of the appellate division of the supreme court in the first department or a majority of them, must appoint, and may at pleasure remove, one typewriter, either male or female, for the appellate division of the first department. The justices of the appellate division of the supreme court in the second judicial department, or a majority of them, may appoint, and at pleasure remove, two typewriter operators. Formerly L. 1895, ch. 553, § 9 part, as am'd by L. 1896, ch. 362, § 1, and L. 1900, ch. 753, § 1. L. 1906, ch. 137, § 1 part, incorporated. § 111. Appointment of attendants by justices of the appellate division. 1. Each of the justices of the appellate division in the first department shall appoint and at pleasure remove four attendants upon the court. Each of said attendants may also be removed by the appellate division, but not until he has been informed of the cause of the proposed removal and has been allowed an opportunity to make an explanation. Formerly L. 1895, ch. 553, § 5 part, as am'd by L. 1895, ch. 959, § 1; L. 1905, ch. 204, § 1; L. 1906, ch. 186, § 1; L. 1907, ch. 409, § 1, and L. 1908, ch. 379, § 1. 2. The justices of the appellate division of the supreme court in the second judicial department are authorized to appoint and at pleasure remove five attendants. Formerly L. 1896, ch. 99, § 1 part, as am'd by L. 1897, ch. 223, § 1, and L. 1900, ch. 450, § 1. 3. The justices of the supreme court designated to the appellate division of the second department, or a majority of them, may appoint, and at pleasure remove, two confidential attendants and their successors, each appointment to be made by an instrument in writing signed by such justices or a majority of them and to be filed in the office of the secretary of state. Formerly L. 1902, ch. 597, § 1 part, as am'd by L. 1905, ch. 384, § 1. 4. The justices of the appellate division in each of the third and fourth departments shall have power to appoint and remove not more than three attendants, one of whom shall act as crier. Formerly Code Civil Procedure, § 221 part. § 112. Appointment of crier and assistant crier of appellate division in first department. The justices of the appellate division in the first department, or a majority of them, shall appoint and at pleasure remove an officer, to be known as the crier of the said appellate division. They are also authorized to appoint, and at pleasure remove, an assistant to said crier. Formerly L. 1895, ch. 553, § 7 part, as am'd by L. 1900, ch. 490, § 2. Art. 4 Appellate Division. §§ 113-116 § 113. Appointment of interpreters for supreme court by justices of appellate division. The justices of the appellate division in the first department, or a majority of them, may appoint and at pleasure remove four interpreters for the supreme court. Formerly L. 1895, ch. 553, § 8 part, as am'd by L. 1907, ch. 496, § 3. § 114. Power of justices of appellate division in first department to regulate attendance and duties of officers of supreme court in first district. The justices of the appellate division in the first department shall from time to time make such rules as they may deem necessary to regulate the attendance and prescribe the duties of the criers, interpreters, stenographers, librarians, clerks, assistants and attendants of the supreme court in the first judicial district. Formerly L. 1895, ch. 553, § 15 part. § 115. Appointment of official referees in appellate division of first department. The appellate division of the supreme court in the first department may from time to time appoint any justice or justices of the supreme court in the first judicial district now or hereafter in office, who shall have served as a judge or justice of a court of record for twenty years or more, and who after such service shall at the age of sixty-five years or over retire from his or their said office, by expiration of term or resignation or because he or they shall have arrived at the age of seventy years, as official referee or referees, for the term of his or their life. To any of such official referees may be referred any action, matter or proceeding pending in said supreme court, referable by statute or the rules and practice of said court, in which the justice making the order of reference shall deem that for any reason the expense of such reference should not be borne by the parties to such action, matter or proceeding. Formerly L. 1895, ch. 553, § 5 part, as am'd by L. 1895, ch. 959, § 1; L. 1905, ch. 204, § 1; L. 1906, ch. 186, § 1; L. 1907, ch. 409, § 1, and L. 1908, ch. 379, § 1. § 116. Compensation of official referees in appellate division of first department. The county of New York shall pay annually to each of the official referees appointed pursuant to section one hundred and fifteen of this chapter a sum equal to the annual compensation now paid to justices of the supreme court by the said county of New York and said referee or referees shall not charge or receive from the parties $116 Supreme Court. Arts. 4, 5 to the action, matter or proceeding referred any fee or compensation for any service rendered as such referee, but may charge the said parties with any disbursements actually incurred by him or them in the performance of his or their duties as such referee, provided the same be allowed by the court. If the services of a stenographer should be required in the action, matter or proceeding so referred to such official referee, such stenographer shall be selected by said referee from the official stenographers of the supreme court, and the parties to the action, matter or proceeding shall not be required to pay any of the fees of such stenographer for taking the testimony or furnishing one copy thereof to the referee. Formerly L. 1895, ch. 553, § 5 part, as am'd by L. 1895, ch. 959, § 1; L. 1905, ch. 204, § 1; L. 1906, ch. 186, § 1; L. 1907, ch. 409, § 1, and L. 1908, ch. 379, § 1. ARTICLE 5 Supreme Court Section 140. Division of state into judicial districts. 141. Designation of supreme court justices to hold court 142. Compensation of justices of supreme court. 144. Additional compensation allowed justices of su- 145. Manner of payment of additional compensation allowed justices of supreme court in second and ninth judicial districts, outside Kings county. 146. Additional compensation of supreme court justices. holding court in another county. 147. Additional compensation of nonresident supreme court justices holding court in first judicial district or Kings county. 148. Holding special and trial terms. 149. Trial term may be held in parts. 150. Designation of special and trial terms where appellate division fails to do so. 151. Duty of supreme court justices to file appointments of terms with secretary of state. 152. Place of holding terms. 153. Governor may appoint extraordinary terms and name justices to hold them. Art. 5 Supreme Court. Section 154. Printing calendars. 8 140 155. Supreme court justices in eighth judicial district may regulate calendars in Erie county. 156. Records kept by special deputy clerk shall be part of records of supreme court. 157. Duty of supreme court justices in first judicial district to enforce rules made by appellate division of first department. 158. Supreme court seal. 159. Appointment of special deputy clerks in certain counties. 160. Appointment of clerks in certain judicial districts. 161. Appointment of stenographers in certain judicial districts. 162. Appointment of temporary stenographer where official stenographer fails to attend term. 163. Amount spent for services of temporary stenographer to be deducted from salary of official stenographer. 164. Justice of supreme court to certify amount of expenses of stenographer attending term. 165. Justices of supreme court in third and fourth judicial districts to certify to comptroller amount of salaries and expenses of stenographers. 166. Power of supreme court justices in first judicial district to appoint attendants for supreme court. 167. Power of supreme court justices residing in Kings and Queens counties to appoint interpreters. 168. Power of supreme court justices in Kings, Queens and Richmond counties to appoint court officers. 169. Power of supreme court justices residing in eighth judicial district together with county judge of Erie county to appoint criers. 170. Powers of supreme court justices residing in Erie county to appoint court officers to attend terms. § 140. Division of state into judicial districts. The state is hereby divided into nine judicial districts, pursuant to the provisions of the first section of the sixth article of the constitution, which districts shall be arranged as follows: The first judicial district shall consist of the county of New York as at present constituted, including therein, as a part thereof, all the territory, which was or purported to be annexed to the county of New York from the county of Westchester by chapter nine hundred and thirty-four of the laws of eighteen hundred and ninety-five; |