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New York Consolidated Laws

N.Y. Judiciary Law § 115 (2026)

Retired justices of the supreme court

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 115. Retired justices of the supreme court.  1. Any justice of the
supreme court, retired pursuant to subdivision b of section twenty-five
of article six of the constitution, may, upon his application, be
certified by the administrative board for service as a retired justice
of the supreme court upon findings (a) that he has the mental and
physical capacity to perform the duties of such office and (b) that his
services are necessary to expedite the business of the supreme court. A
copy of such certificate shall be filed with the appellate division of
the department in which such retired justice resides and in the office
of court administration.
  2. Any such certification shall be valid for a term of two years
beginning on the date of filing the certificate. At the expiration of
such term the retired justice may be certified for additional terms of
two years each by the administrative board upon findings of continued
mental and physical capacity and need for his services. No retired
justice may serve under any such certification beyond the last day of
December in the year in which he reaches the age of seventy-six.
  3. A retired justice so certified shall for all purposes, other than
determining the number of justices in a judicial district for the
purposes of subdivision d of section six of article six of the
constitution and section one hundred forty-a of this chapter, but
including powers, duties, salary, status and rights, be a justice of the
supreme court in the district in which he resides when so certified. A
retired justice shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his residence.
  4. The provisions of this section shall also be applicable to a
justice of the supreme court, a judge of the county court of a county
within the city of New York, and a judge of the court of general
sessions of the county of New York who has not yet reached the age of
seventy-six and who reached the age of seventy and retired as such
justice or judge prior to the effective date of this section.
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1987–2026 · leading case: Matter of Gerald E. Loehr v. Admin. Bd. of the Courts of the State of New York, 79 N.E.3d 1113 (N.Y. 2017).
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Matter of Gerald E. Loehr v. Admin. Bd. of the Courts of the State of New York, 79 N.E.3d 1113 (N.Y. 2017). · cites it 5× “Justice Murphy turned 70 on March 12, 2011, and in that same month applied to the Administrative Board for his first certificate pursuant to Judiciary Law § 115. Without that certification, he would have been *378 prohibited from serving as a Supreme Court Justice after December…”
Matter of Gesmer v. Admin. Bd. of the N.Y. State Unified Ct. Sys., 194 A.D.3d 180 (N.Y. App. Div. 3d Dep't 2021). · cites it 6× “On September 22, 2020, respondent Administrative Board of the New York State Unified Court System (hereinafter the Board) voted to deny certification to 46 of the 49 elected Supreme Court Justices who, having reached the mandatory retirement age of 70 or more at the end of 2020,…”
Matter of Loehr v. Admin. Bd. of the Courts of the State of New York, 130 A.D.3d 89 (N.Y. App. Div. 3d Dep't 2015). · cites it 4× “Upon reaching the age of 70, and in accordance with NY Constitution, article VI, § 25 (b) and Judiciary Law § 115, petitioners applied to be certificated to continue their services on the Supreme Court bench.”
Diamond v. Cuomo, 514 N.E.2d 1356 (N.Y. 1987). “The Administrative Board determined that such Justices hold office by reason of their election to the Supreme Court, that they are exempt from the provisions of the Federal statute, and that their tenure is limited by Judiciary Law § 115. We find no error with that…”
Equal Emp. Opportunity Comm'n v. New York, 729 F. Supp. 266 (S.D.N.Y. 1990). · cites it 3× “N.Y.Jud.Law § 115 (McKinney 1983). The New York State Constitution also provides for the assignment of retired justices: A retired .”
Sabo v. Casey, 757 F. Supp. 587 (E.D. Pa. 1991). “Moreover, N.Y.Judiciary Law § 115(3), provides that a retired justice certified by the governor for continued service has the same powers, duties, salary status and rights as the other justices, and that retired judges are subject to assignment by the appellate division of the…”
EEOC v. State of NY, 729 F. Supp. 266 (S.D.N.Y. 1990). · cites it 3× “N.Y.Jud.Law § 115 (McKinney 1983). The New York State Constitution also provides for the assignment of retired justices: A retired .”
Bransten v. State, 40 Misc. 3d 512 (N.Y. Sup. Ct. 2013). · cites it 3× “Such an interpretation of the Compensation Clause goes beyond its purpose of promoting judicial independence because, once a judge retires, he or she is no longer susceptible to influence by the threat of a reduction in compensation. Nor is the phrase “term of office”…”
Matter of Miller v. State of New York, 282 N.E.3d 677 (N.Y. 2026). · cites it 2× “" Judiciary Law § 115 sets forth a certification system for retired Justices of the Supreme Court.”
Diamond v. Cuomo, 130 A.D.2d 292 (N.Y. App. Div. 2d Dep't 1987). · cites it 2× “The plaintiff Benjamin Glass, a Justice of the Supreme Court, Queens County, is 76 years old, and has been certified three times for continued service beyond age 70 pursuant to Judiciary Law § 115. He, too, must retire on December 31, 1987, when his current, and final, two-year…”
Carey v. Cuomo, 842 F. Supp. 113 (S.D.N.Y. 1994). “Judiciary Law § 115 provides: 1. Any justice of the supreme court, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application be certified by the administrative board for service as a retired justice of the supreme…”
Carey v. Cuomo, 858 F. Supp. 385 (S.D.N.Y. 1994). “A retired judge or justice shall serve no longer than until the last day of December in the year in which he reaches the age of seventy-six_ Judiciary Law § 115 provides: 1. Any justice of the supreme court, retired pursuant to subdivision b of section twenty-five of article six…”
N.Y. Judiciary Law § 115(2): 2 cases
Equal Emp. Opportunity Comm'n v. New York, 729 F. Supp. 266 (S.D.N.Y. 1990). “N.Y.Jud.Law § 115 (McKinney 1983). The New York State Constitution also provides for the assignment of retired justices: A retired .”
EEOC v. State of NY, 729 F. Supp. 266 (S.D.N.Y. 1990). “N.Y.Jud.Law § 115 (McKinney 1983). The New York State Constitution also provides for the assignment of retired justices: A retired .”
N.Y. Judiciary Law § 115(3): 1 case
Sabo v. Casey, 757 F. Supp. 587 (E.D. Pa. 1991). “Moreover, N.Y.Judiciary Law § 115(3), provides that a retired justice certified by the governor for continued service has the same powers, duties, salary status and rights as the other justices, and that retired judges are subject to assignment by the appellate division of the…”
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