State Codes and Statutes

Statutes > New-york > Jud > Article-2 > 8

§  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 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.

State Codes and Statutes

Statutes > New-york > Jud > Article-2 > 8

§  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 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Jud > Article-2 > 8

§  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 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.