N.Y. Judiciary Law Section 25
Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f...

§ 25. Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act for disability.

1.

A state-paid full-time judge or justice of the unified court system or housing judge appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act may apply for the special disability allowance provided for in this section by filing with the appellate division of the supreme court in which he resides (a) his petition, duly verified, stating that for reasons specified he is incapacitated to perform the duties of his office; and

(b)

his resignation. If the appellate division shall determine that such judge or justice is incapacitated, it may make and enter an order retiring such judge or justice from office. Upon the filing in the office of court administration of a certified copy of such order and such resignation, the office of such judge or justice shall be vacant.

2.

Such a judge or justice so retired from office shall, if eligible, apply for retirement and shall retire from the retirement system or systems of which he is a member. All such retirements shall be in accordance with and take effect pursuant to law governing such system or systems.

3.

Any such judge or justice shall receive from the unit or units of government responsible for the payment of his salary a special disability allowance, which together with his pension or pensions, if any, from such retirement system or systems, computed without optional modification, shall equal two-thirds of the annual salary which such judge or justice was receiving at the time of his retirement from office; provided, however, that in no event shall the special disability allowance exceed an amount which together with his retirement allowance or allowances computed without optional modification will equal such annual salary. The cost of providing the special disability allowance shall be apportioned among the units of government in the same ratio as such units contributed to the total annual salary he was receiving at the time of his retirement.

4.

In the case of a judge or justice ineligible to retire, the special disability allowance shall begin to accrue on the date of filing of the certified copy of the order together with his resignation in the office of court administration. In the case of a judge or justice eligible to retire, the special disability allowance or appropriate portion thereof shall begin to accrue on the same date as his retirement from the retirement system of which he is a member becomes effective, or the filing of the certified copy of the order together with his resignation, whichever shall last occur.

5.

The special disability allowance provided for in subdivision three shall be payable on the first day of each month to each such judge or justice until the expiration of the term for which he had been elected or appointed or the last day of December next after he shall be seventy years of age or his death, whichever shall first occur.

6.

The special disability allowance provided for in this section shall not reduce or suspend any retirement allowance of any such judge or justice, notwithstanding any other provision of law.

Source: Section 25 — Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f..., https://www.­nysenate.­gov/legislation/laws/JUD/25 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

2
Courts of record 2‑A
Jurisdiction and powers of courts continued 2‑B
General powers of courts of record 3
Use of term “court” prohibited 4
Sittings of courts to be public 4‑A
Certain powers of the courts regarding civil arrests 5
Courts not to sit on Sunday except in special cases nor on Saturday in certain cases 6
Adjournment of term of court of record to future day 7
Adjournment of term on non-appearance of judge 7‑A
Vacancies or changes in judges 7‑B
Continuance of out of court proceedings before judges of same court 7‑C
Continuance of special proceeding before another officer 8
Emergency relocations of court terms 9
Recusal 10
Courtroom designated the "Judge James F 13
Court or judge may direct the filing of original stenographic minutes with clerk 13‑A
Power to remove certain officers and to appoint successors 13‑B
Oath of referee, receiver, commissioner or appraiser 14
Disqualification of judge by reason of interest or consanguinity 15
Judge of court of record not disqualified because a resident or a taxpayer 16
Judge prohibited from practicing law in his court 17
Judge prohibited from practicing in cause which has been before him 18
Judge prohibited from taking fees for advice in matters before him 19
Judge must not be interested in costs 20
Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court 21
Judge other than of court of appeals or appellate division not to decide question argued during his absence 22
Certificates as to year of birth to be filed by certain judicial officers 23
Age limitation on term of judicial office 24
Compensation of judges after removal 25
Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f... 25‑A
Retirement of judicial officers 27
Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents 28
Amendment of minutes of stenographer 29
Seal of court of record 30
Lost or destroyed seal must be replaced 30‑A
Seal of Kings county and of the county clerk, the supreme court and the county court in said county 30‑B
Seal of New York county and of the county clerk and the supreme court 30‑C
Seal of Franklin county and of the county clerk and the supreme court 30‑D
Seal of Albany county and of the county clerk and the supreme court 30‑E
Seal of Livingston county and of the county clerk and the supreme court 30‑F
Seal of Cortland county and of the county clerk, the supreme court and the county court in said county 31
Seals and records of former superior city courts 33
Expense of certain criminal prosecutions to be borne by the state 34
Apportionment of expenses related to salaries or compensation paid by the state in the first instance 35
Assignment of counsel to indigent persons and appointment of physicians in certain proceedings 35‑A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts... 35‑B
Assignment of counsel and related services in criminal actions in which a death sentence may be imposed 36
Personal assistants to judges and justices 37
Salary plan for non-judicial employees 39
Unified court budget 39‑A
Mediation 39‑B
Special provisions relating to court facilities
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 25’s source at nysenate​.gov

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