New York CNS Code § 25

Compensation and retirement of certain judges and justices
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§ 25. a. The compensation of a judge of the court of appeals, a\njustice of the supreme court, a judge of the court of claims, a judge of\nthe county court, a judge of the surrogate's court, a judge of the\nfamily court, a judge of a court for the city of New York established\npursuant to section fifteen of this article, a judge of the district\ncourt or of a retired judge or justice shall be established by law and\nshall not be diminished during the term of office for which he or she\nwas elected or appointed. Any judge or justice of a court abolished by\nsection thirty-five of this article, who pursuant to that section\nbecomes a judge or justice of a court established or continued by this\narticle, shall receive without interruption or diminution for the\nremainder of the term for which he or she was elected or appointed to\nthe abolished court the compensation he or she had been receiving upon\nthe effective date of this article together with any additional\ncompensation that may be prescribed by law.\n  b. Each judge of the court of appeals, justice of the supreme court,\njudge of the court of claims, judge of the county court, judge of the\nsurrogate's court, judge of the family court, judge of a court for the\ncity of New York established pursuant to section fifteen of this article\nand judge of the district court shall retire on the last day of December\nin the year in which he or she reaches the age of seventy. Each such\nformer judge of the court of appeals and justice of the supreme court\nmay thereafter perform the duties of a justice of the supreme court,\nwith power to hear and determine actions and proceedings, provided,\nhowever, that it shall be certificated in the manner provided by law\nthat the services of such judge or justice are necessary to expedite the\nbusiness of the court and that he or she is mentally and physically able\nand competent to perform the full duties of such office. Any such\ncertification shall be valid for a term of two years and may be extended\nas provided by law for additional terms of two years. A retired judge or\njustice shall serve no longer than until the last day of December in the\nyear in which he or she reaches the age of seventy-six. A retired judge\nor justice shall be subject to assignment by the appellate division of\nthe supreme court of the judicial department of his or her residence.\nAny retired justice of the supreme court who had been designated to and\nserved as a justice of any appellate division immediately preceding his\nor her reaching the age of seventy shall be eligible for designation by\nthe governor as a temporary or additional justice of the appellate\ndivision. A retired judge or justice shall not be counted in determining\nthe number of justices in a judicial district for purposes of\nsubdivision d of section six of this article.\n  c. The provisions of this section shall also be applicable to any\njudge or justice who has not reached the age of seventy-six and to whom\nit would otherwise have been applicable but for the fact that he or she\nreached the age of seventy and retired before the effective date of this\narticle.\n

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