N.Y. Judiciary Law Section 8
Emergency relocations of court terms

1.

Notwithstanding any other provision of law, if an emergency or other exigent circumstance or the imminent threat thereof prevents the safe and practicable holding of a term of any court at the location designated by law therefor, then:

a.

the governor, after consultation with the chief judge or his or her designee if practicable, may by executive order appoint another location for the temporary holding of such term if it is a term of a trial court; or

b.

where the governor has not acted pursuant to paragraph a of this subdivision, or if it is a term of a court other than a trial court, the chief judge or his or her designee (or the presiding justice of an appellate division or his or her designee if it is a term of such appellate division or of an appellate term established in the judicial department served by such appellate division) may by order appoint another location for the temporary holding of such term; except that, where the court is a trial court, nothing in this paragraph shall prevent the issuance of a superseding order pursuant to paragraph a of this subdivision.

2.

To the extent practicable, an order pursuant to subdivision one of this section:

a.

shall designate the most proximate location in which such term of court safely and practicably can be held, without limitation based on the judicial department, judicial district, county, city, town, village or other geographical district for which such court was established;

b.

shall be made in conformance with state and local disaster preparedness plans governing the continued effective operation of the civil and criminal justice systems pursuant to sections twenty-two and twenty-three of the executive law; and

c.

for a trial court other than the court of claims, shall be made after consultation with the chief executive officer of the county, city, town or village for which such court was established and the chief executive officer of the corresponding county, city, town or village to which the term of such court temporarily would be relocated, or their designees.

3.

An order pursuant to subdivision one of this section shall be effective for no more than thirty days and may be reauthorized for successive periods of no more than thirty days each in like fashion as an original order. As soon as practicable, such order shall be filed with the office of court administration and the office of the clerk of each county affected thereby, and shall be publicized by the best means practicable and for such duration as such order shall provide.

4.

Every term of court subject to an order pursuant to subdivision one of this section shall, for the duration of such order, continue to preside for the original judicial department, judicial district, county, city, town, village or other geographical district for which such court was established, and every action and proceeding in such term shall be subject to the same substantive and procedural law as would have applied had such term not been temporarily relocated.

5.

Notwithstanding any other provision of § 39 (Unified court budget)section thirty-nine of this article, if an order pursuant to subdivision one of this section shall temporarily relocate a term of court outside the county, city, town or village for which such court was established, then the costs of temporarily providing facilities suitable and sufficient for the transaction of business of such court outside such county, city, town or village shall be charges upon the office of court administration.

Source: Section 8 — Emergency relocations of court terms, https://www.­nysenate.­gov/legislation/laws/JUD/8 (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

§ 8’s source at nysenate​.gov

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