N.Y. Judiciary Law Section 39-A
Mediation

1.

Where, pursuant to paragraph (a) of subdivision three of § 39 (Unified court budget)section thirty-nine of this article, the chief administrator of the courts determines that a political subdivision has ceased or failed during a state fiscal year to provide goods, services and facilities of a specified value, he or she may not notify the state comptroller of his or her determination in accordance with such paragraph unless the chief executive officer of the affected political subdivision is first notified thereof and provided a period of thirty days in which to request mediation in accordance with subdivisions three and four of this section. Where mediation is so requested, the chief administrator may only notify the state comptroller of his or her determination, pursuant to paragraph (a) of subdivision three of § 39 (Unified court budget)section thirty-nine of this article, under the circumstances set forth in subdivision four of this section.

2.

In the event that the court facilities capital review board determines not to approve an assessment and plan submitted by the chief executive officer of a political subdivision pursuant to Public Authorities Law § 1680-C (Creation of the court facilities capital review board)section sixteen hundred eighty-c of the public authorities law, or the board fails to act upon such assessment and plan within sixty days of submission thereof to the board and the chief administrator disapproves the assessment and plan, the chief administrator shall consult with such chief executive officer in an effort to resolve any matters in dispute, and shall, if the chief executive officer so requests, request mediation in accordance with subdivisions three and four of this section.

3.

Mediation shall consist of expedited proceedings to effectuate the voluntary resolution of any dispute between the court facilities capital review board and a political subdivision concerning approval of a capital plan pursuant to Public Authorities Law § 1680-C (Creation of the court facilities capital review board)section sixteen hundred eighty-c of the public authorities law or the chief administrator’s determination pursuant to paragraph (a) of subdivision three of § 39 (Unified court budget)section thirty-nine of this article. The mediator shall be appointed by agreement of the chief administrator and the chief executive officer of the affected political subdivision from a list of mediators submitted by the American Arbitration Association.

4.

In mediating the dispute, the mediator shall take into consideration, in addition to any other relevant factors, the political subdivision’s legal obligation under § 39 (Unified court budget)section thirty-nine of this article to provide goods, services and facilities suitable and sufficient for the transaction of business, and the financial ability of the political subdivision to pay for the goods, services and facilities in light of the totality of its needs and the resources available. In the event the chief administrator and the chief executive officer of the political subdivision fail to achieve agreement within ninety days after commencement of the mediation, or such longer period as they may agree upon, the chief administrator may notify the state comptroller as provided in paragraph (a) of subdivision three of § 39 (Unified court budget)section thirty-nine of this article provided:

(a)

mediation was requested pursuant to subdivision one of this section, or

(b)

mediation was requested pursuant to subdivision two of this section and at least twenty-four months have elapsed since the effective date of this section.

Source: Section 39-A — Mediation, https://www.­nysenate.­gov/legislation/laws/JUD/39-A (updated Sep. 22, 2014; accessed Apr. 13, 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:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 39-A’s source at nysenate​.gov

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