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N.Y. Judiciary Law § 405 Sheriff need not attend or designate officers to attend terms of courts in Erie county unless requested
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§ 405. Sheriff need not attend or designate officers to attend terms of courts in Erie county unless requested. The sheriff of the county of Erie shall not be required to attend or designate any officer to attend at justices' chambers or at special terms of the supreme court, or…
N.Y. Judiciary Law § 406 Sheriff, deputy or constable must act as crier when directed by court
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§ 406. Sheriff, deputy or constable must act as crier when directed by court. A sheriff, deputy sheriff, or constable, attending a term of a court of record, must, when required by the court, act as crier therein; and he is not entitled to any additional compensation for that se…
N.Y. Judiciary Law § 407 Deputy sheriff must attend court as notified
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§ 407. Deputy sheriff must attend court as notified. Each constable or deputy sheriff, seasonably notified, as prescribed in section four hundred and three of this chapter, must attend the term accordingly; and for each day's neglect he may be fined by the court, at the term at …
N.Y. Judiciary Law § 408 Designation by sheriff of Monroe county of attendants for supreme and county courts
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§ 408. Designation by sheriff of Monroe county of attendants for supreme and county courts. The sheriff of the county of Monroe is hereby authorized, by and with the consent and approval of the justices of the supreme court of the seventh judicial district, residing in the count…
N.Y. Judiciary Law § 409 Designation by sheriff of Onondaga county of court attendants for supreme and county courts
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§ 409. Designation by sheriff of Onondaga county of court attendants for supreme and county courts. The sheriff of the county of Onondaga is hereby authorized by and with the consent and approval of the trial justices of the supreme court of the fifth judicial district residing …
N.Y. Judiciary Law § 41 State commission on judicial conduct; organization
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§ 41. State commission on judicial conduct; organization. 1. A state commission on judicial conduct is hereby established. The commission shall consist of eleven members, of whom four shall be appointed by the governor, one by the temporary president of the senate, one by the mi…
N.Y. Judiciary Law § 410 Appointment of court attendants in Oneida county
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§ 410. Appointment of court attendants in Oneida county. The resident supreme court justices of Oneida county and the county judge of Oneida county are hereby authorized to appoint, and may at their pleasure remove, both permanent and temporary court attendants in and for the su…
N.Y. Judiciary Law § 411-A Court attendant in Herkimer county
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§ 411-a. Court attendant in Herkimer county. The county judge and surrogate of the county of Herkimer is hereby authorized by and with the consent and approval of the trial justice of the supreme court, residing in Herkimer county, to appoint a court attendant in and for the sup…
N.Y. Judiciary Law § 411-B Designation by sheriff of Dutchess county of attendants for certain courts in such county
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§ 411-b. Designation by sheriff of Dutchess county of attendants for certain courts in such county. The sheriff of the county of Dutchess is hereby authorized to designate such number of deputy sheriffs as shall be authorized by resolution of the board of supervisors of such cou…
N.Y. Judiciary Law § 415 Impeachment to be delivered to president of the senate
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§ 415. Impeachment to be delivered to president of the senate. When an officer of the state is impeached by the assembly, the articles of impeachment must be delivered to the president of the senate.
N.Y. Judiciary Law § 416 Copy of impeachment served on defendant
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§ 416. Copy of impeachment served on defendant. The president of the senate must thereupon cause a copy of the articles of impeachment, with a notice to appear and answer the same, at the time and place appointed for the meeting of the court, to be served on the defendant, not l…
N.Y. Judiciary Law § 417 Service, how made
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§ 417. Service, how made. The service must be upon the defendant personally, or if he cannot, upon diligent inquiry, be found in the state, the court, upon proof of that fact may order publication to be made in such manner as it deems proper, of a notice requiring him to appear …
N.Y. Judiciary Law § 418 Proceedings, if defendant does not appear
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§ 418. Proceedings, if defendant does not appear. If the defendant does not appear, the court, upon proof of service or publication as provided in the last two sections, may of its own motion, or for cause shown, assign another day or place for hearing the impeachment; or may th…
N.Y. Judiciary Law § 419 Defendant may object to sufficiency of, or deny impeachment
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§ 419. Defendant may object to sufficiency of, or deny impeachment. When the defendant appears, he must answer the articles of impeachment; which he may do, either by objection to their sufficiency, or that of any article therein, or by denying the truth of the same.
N.Y. Judiciary Law § 42 Functions; powers and duties
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§ 42. Functions; powers and duties. The commission shall have the following functions, powers and duties: 1. To conduct hearings and investigations, administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation and require …
N.Y. Judiciary Law § 420 Form of objection or denial
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§ 420. Form of objection or denial. If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the im…
N.Y. Judiciary Law § 421 Proceedings thereon
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§ 421. Proceedings thereon. If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the court who heard the argument, the defendant must forthwith answer the articles of impeachment. If he plead guilty, or refuse to plead, the court…
N.Y. Judiciary Law § 422 Two-thirds necessary to conviction
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§ 422. Two-thirds necessary to conviction. The defendant cannot be convicted on an impeachment, without the concurrence of two-thirds of the members present during the trial; and if such two-thirds do not concur in a conviction, the defendant must be declared acquitted.
N.Y. Judiciary Law § 423 Judgment on conviction, how pronounced
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§ 423. Judgment on conviction, how pronounced. After conviction, the court must immediately, or at such other time as it may appoint, pronounce judgment, in the form of a resolution, entered upon the minutes of the court. The vote upon the passage thereof must be taken by yeas a…
N.Y. Judiciary Law § 424 Adoption of resolution
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§ 424. Adoption of resolution. On the adoption of the resolution, by a majority of the members present, who voted on the question of acquittal or conviction, it becomes the judgment of the court.
N.Y. Judiciary Law § 425 Nature of the judgment
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§ 425. Nature of the judgment. Upon conviction, the judgment must be either: 1. That the defendant be removed from office; or 2. That he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of profit, trust or honor wha…
N.Y. Judiciary Law § 426 Officer, when impeached, disqualified to act until acquitted
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§ 426. Officer, when impeached, disqualified to act until acquitted. No officer shall exercise his office, after articles of impeachment against him shall have been delivered to the senate, until he is acquitted.
N.Y. Judiciary Law § 427 Presiding officer, when president of the senate is impeached
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§ 427. Presiding officer, when president of the senate is impeached. If the president of the senate be impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may be chosen.
N.Y. Judiciary Law § 428 Impeachment, not a bar to indictment
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§ 428. Impeachment, not a bar to indictment. If the offense for which the defendant is impeached be a crime, the prosecution thereof is not barred by the impeachment.
N.Y. Judiciary Law § 43 Panels; referees
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§ 43. Panels; referees. 1. The commission may delegate any of its functions, powers and duties to a panel of three of its members, one of whom shall be a member of the bar, except that no panel shall confer immunity in accordance with section 50.20 of the criminal procedure law.…
N.Y. Judiciary Law § 430 Law reporting bureau; state reporter
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§ 430. Law reporting bureau; state reporter. There is hereby created and established the law reporting bureau of the state of New York. The bureau shall be under the direction and control of a state reporter, who shall be appointed and be removable by the court of appeals by an …
N.Y. Judiciary Law § 431 Causes to be reported
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§ 431. Causes to be reported. The law reporting bureau shall report every cause determined in the court of appeals and every cause determined in the appellate divisions of the supreme court, unless otherwise directed by the court deciding the cause; and, in addition, any cause d…
N.Y. Judiciary Law § 432 Copies of opinions, decisions and papers to be furnished to state reporter
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§ 432. Copies of opinions, decisions and papers to be furnished to state reporter. With the exception of court of appeals and appellate division causes directed not to be reported, as provided in section four hundred thirty-one of this article, the judges or justices of every co…
N.Y. Judiciary Law § 433 Contents of reports
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§ 433. Contents of reports. The law reporting bureau shall prepare and publish with the reports the usual headnotes, tables and indexes and in the report of every cause determined in the court of appeals and the appellate divisions of the supreme court the name of the judge or j…
N.Y. Judiciary Law § 433-A Printing and publication of reports
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§ 433-a. Printing and publication of reports. Causes determined in the court of appeals shall be published and printed in bound volumes entitled "New York Reports". Causes determined in the appellate divisions of the supreme court shall be published and printed in bound volumes …
N.Y. Judiciary Law § 434 Contracts for publication of reports
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§ 434. Contracts for publication of reports. 1. The printing and publication of the court of appeals reports, the appellate division reports, the miscellaneous reports and the combined official series shall be done under contract as hereinafter provided. 2. Said contract shall b…
N.Y. Judiciary Law § 435 Qualifications of state reporter and deputies
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§ 435. Qualifications of state reporter and deputies. No one shall be appointed to the office of state reporter or of deputy state reporter who is not an attorney and counselor of this state; provided, however, that the limitation contained herein with respect to appointment to …
N.Y. Judiciary Law § 436 Compensation of state reporter and deputy state reporter; reporters; office expense; fees
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§ 436. Compensation of state reporter and deputy state reporter; reporters; office expense; fees. The state reporter shall receive an annual salary of nine thousand dollars, and the first deputy reporter an annual salary of seven thousand five hundred dollars. In addition theret…
N.Y. Judiciary Law § 437 Duty of state reporter on expiration of term
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§ 437. Duty of state reporter on expiration of term. The state reporter must, on the appointment of his successor, deliver to him all papers in his hands, pertaining to a cause which he has not reported, or which are not necessary to be retained by him to complete the publicatio…
N.Y. Judiciary Law § 438 Copyright of notes prepared by law reporting bureau
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§ 438. Copyright of notes prepared by law reporting bureau. The copyright of the statement of facts, of the head notes and of all other notes or references prepared by the law reporting bureau must be taken by and shall be vested in the secretary of state for the benefit of the …
N.Y. Judiciary Law § 44 Complaint; investigation; hearing and disposition
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§ 44. Complaint; investigation; hearing and disposition. 1. The commission shall receive, initiate, investigate and hear complaints with respect to the conduct, qualifications, fitness to perform, or performance of official duties of any judge, and, in accordance with the provis…
N.Y. Judiciary Law § 45 Confidentiality of records
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§ 45. Confidentiality of records. 1. Except as hereinafter provided, all complaints, correspondence, commission proceedings and transcripts thereof, other papers and data and records of the commission shall be confidential and shall not be made available to any person except pur…
N.Y. Judiciary Law § 46 Breach of confidentiality of commission information
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§ 46. Breach of confidentiality of commission information. 1. Any staff member, employee or agent of the state commission on judicial conduct who violates any of the provisions of section forty-five of this article shall be subject to a reprimand, a fine, suspension or removal b…
N.Y. Judiciary Law § 460 Examination and admission of attorneys
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§ 460. Examination and admission of attorneys. An applicant for admission to practice as an attorney or counsellor in this state, must be examined and licensed to practice as prescribed in this chapter and in the rules of the court of appeals. Race, creed, color, national origin…
N.Y. Judiciary Law § 460-B Applications for special arrangements
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§ 460-b. Applications for special arrangements. 1. The state board of law examiners shall provide a procedure for review of applications for special arrangements from any person applying for examination for admission to practice as an attorney and counsellor-at-law which shall i…
N.Y. Judiciary Law § 461 Compensation of state board of law examiners; appointment and compensation of employees
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§ 461. Compensation of state board of law examiners; appointment and compensation of employees. The court of appeals shall fix the compensation of the members of the state board of law examiners appointed by it as provided by section fifty-six of this chapter. The court of appea…
N.Y. Judiciary Law § 462 Annual account by state board of law examiners
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§ 462. Annual account by state board of law examiners. The state board of law examiners shall render an annual account of all its receipts and disbursements to the court of appeals.
N.Y. Judiciary Law § 463 Times and places of examinations
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§ 463. Times and places of examinations. There shall be examinations of all persons applying for admission to practice as attorneys and counsellors-at-law at least twice in each year in each judicial department, and at such other times and places as the court of appeals may dire…
N.Y. Judiciary Law § 464 Certification by state board of successful candidates
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§ 464. Certification by state board of successful candidates. Every person who shall pass the examination, and every person who has received a dispensation from the taking of the examination, shall be certified by the state board of law examiners to the appellate division of the…
N.Y. Judiciary Law § 465 Fee for examinations and for credential review for admission on motion; disposition; refunds; funds
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§ 465. Fee for examinations and for credential review for admission on\nmotion; disposition; refunds; funds. 1. Every person applying for\nexamination for admission to practice as an attorney and counselor at\nlaw shall pay a fee of two hundred fifty dollars, or seven hundred fi…
N.Y. Judiciary Law § 466 Attorney's oath of office
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§ 466. Attorney's oath of office. 1. Each person, admitted as prescribed in this chapter must, upon his or her admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate divisi…
N.Y. Judiciary Law § 467 Registration of attorneys
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§ 467. Registration of attorneys. The clerks of each appellate division shall forward to the clerk of the court of appeals and the chief administrator of the courts a list of attorneys newly admitted to practice. Such list shall be forwarded at such times and in such form as the…
N.Y. Judiciary Law § 468 Official registration of attorneys to be kept by the chief administrator of the courts
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§ 468. Official registration of attorneys to be kept by the chief administrator of the courts. 1. It shall be the duty of the chief administrator of the courts to enter in a bound book or volume to be kept by him for that purpose, which shall be known and designated as and is he…
N.Y. Judiciary Law § 468-A Biennial registration of attorneys
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§ 468-a. Biennial registration of attorneys. 1. Every attorney and\ncounsellor-at-law admitted to practice in this state on or before\nJanuary first, nineteen hundred eighty-two, whether resident or\nnonresident, shall file a biennial registration statement with the\nadministrat…
N.Y. Judiciary Law § 468-B Clients' security fund of the state of New York
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§ 468-b. Clients' security fund of the state of New York. 1. The court of appeals shall appoint a board of trustees to administer the lawyers' fund for client protection of the state of New York established pursuant to section ninety-seven-t of the state finance law. Such board …