associate judge of the Court of Appeals except while holding the office of justice of the Supreme Court. The designation of a justice of the Supreme Court as an associate judge of the Court of Appeals shall not be deemed to affect his existing office any longer than until the expiration of his designation as such associate judge, nor to create a vacancy.

§ 7. When a vacancy shall occur otherwise than by expiration of term, in the office of chief or elected associate judge of the Court of Appeals, the same shall be filled for a full term, at the next general election held not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate if the Senate shall be in session, or, if not in session, the Governor may fill such vacancy by appointment. If any such appointment be made from among the justices of the Supreme Court, such appointment shall not be deemed to affect his existing office any longer than until the expiration of his appointment as such associate judge, nor to create a vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but, in such case, the appointment shall not be deemed to affect his office of associate judge any longer than until the expiration of his appointment as chief judge, nor to create a vacancy. The powers and jurisdiction of the court shall not be suspended for want of appointment or election when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filed.

§ 8. The jurisdiction of the Court of Appeals, except where the judgment is of death, or where the Appellate Division, on reversing or modifying a final judgment in an action, makes new findings of fact and renders final judgment thereon, shall be limited to the review of questions of law; but the right to appeal shall not depend upon the amount involved.

Appeals may be taken to the Court of Appeals in the classes of

cases enumerated in this section.

In criminal cases, directly from a court of original jurisdiction where the judgment is of death, and in other criminal cases from an Appellate Division or otherwise as the Legislature may from time to time provide.

In civil cases and proceedings as follows:

(1) As of right, from a judgment or order entered upon the decision of an Appellate Division of the Supreme Court which finally determines an action or special proceeding wherein is

directly involved the construction of the Constitution of the State or of the United States, or where one or more of the justices of the Appellate Division dissents from the decision of the court, or where the judgment or order is one of reversal or modification.

(2) As of right, from an order of the Appellate Division granting a new trial where the appellant stipulates that, upon affirmance, judgment absolute shall be rendered against him.

(3) As of right, from a judgment or order of a court of record of original jurisdiction which finally determines an action or special proceeding where the trial court certifies that the only question involved is the validity of a statutory provision of the State or of the United States under the Constitution of the State or of the United States; and on any such appeal only the constitutional question shall be considered and determined by the

court.

(4) From a determination of the Appellate Division of the Supreme Court in any department, other than a judgment or order which finally determines an action or special proceeding, where the Appellate Division allows the same and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the Court of Appeals, but in such case the appeal shall bring up for review only the question or questions so certified; and the Court of Appeals shall certify to the Appellate Division its determination upon such question or questions.

(5) From a judgment or order entered upon the decision of an Appellate Division of the Supreme Court which finally determines an action or special proceeding but which is not appealable under subdivision one of this section where the Appellate Division shall certify that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals, or where, in case of the refusal so to certify, an appeal is allowed by the Court of Appeals. Such an appeal shall be allowed when required in the interest of substantial justice. The Legislature, however, may from time to time extend the right of appeal in said cases so as to dispense with the requirement of allowance. No appeal shall be taken to said Court of Appeals from a final judgment or order of the Appellate Division in any civil case or proceeding originally commenced in any court other than the Supreme Court, a County Court, a Surrogate's Court or a Court of Claims or board of audit unless the Appellate Division of the Supreme Court shall certify that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals.

9. Judges of the Court of Appeals and justices of the Supreme Court may be removed by concurrent resolution of both

Houses of the Legislature, if two-thirds of all the members elected to each House concur therein. All other judicial officers, except justices of the peace, justices of the Municipal Court of the city of New York, and judges or justices of inferior courts not of record, may be removed by the Senate, on the recommendation of the Governor, if two-thirds of all the members elected to the Senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal.

The Legislature of its own motion, in the manner to be provided by joint rule, which shall continue in force until abrogated or amended by both the Senate and the Assembly, may convene at any time in special session to take action in the matter of the removal of a judge of the Court of Appeals or justice of the Supreme Court; but no other subject shall be acted upon at any such special session.

§ 10. The Assembly shall have the power of impeachment by a vote of a majority of all the members elected thereto. The court for the trial of impeachments shall be composed of the President of the Senate, the Senators, or the major part of them, and the judges of the Court of Appeals, or the major part of them. On the trial of an impeachment against the Governor or Lieutenant-Governor, neither the Lieutenant-Governor nor the Temporary President of the Senate shall act as a member of the court. No judicial officer shall exercise his office after articles of impeachment against him shall have been preferred to the Senate until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any public office of honor, trust or profit under this State: but the party impeached shall be liable to indictment and punishment according to law. The Assembly of its own motion, in the manner to be provided by rule, which shall continue in force until abrogated or amended by the Assembly, may convene at any time in special session for the purpose of impeachment: but no other subject shall be acted upon at any such special session.

11. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the expiration

of their respective terms, except that the county courts in the counties of Kings, Bronx, Queens and Richmond are abolished on and after the first day of January in the second year following the adoption of this article and the county judges therein shall be thereupon transferred as provided in section fourteen of this article. All county judges, including successors to existing judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election. Except as in this article otherwise provided, county courts shall have the powers and jurisdiction now prescribed by law, and also original jurisdiction in actions for the recovery of money only, where all the defendants reside in the county and in which the complaint demands judgment for a sum not exceeding three thousand dollars; but, if, in any action brought in said court, a counterclaim for more than three thousand dollars shall be interposed, the Supreme Court, on the application of either party made in the judicial district embracing the county, may remove the cause to the Supreme Court, whereupon such action shall proceed and be heard as if originally brought therein. The Legislature may hereafter enlarge or restrict the jurisdiction of the county courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only in which (1) the sum demanded exceeds three thousand dollars, or (2) in which any person not a resident of the county is a defendant, unless such defendant have an office for the transaction of business within the county and the cause of action arose therein. County judges shall perform such duties as may be prescribed by law, and their compensation, as established by law, shall be payable out of the county treasury. A county judge of any county may hold the county court in any other county when requested by the county judge of such other county; and, in case of the death, absence, or incapacity of a county judge, in a county having no special county judge then able to serve, the Governor may designate a county judge of another county to hold the county court during such vacancy, absence, or inability to act.

§ 12. The Legislature, on application of the board of supervisors or other body exercising similar powers, may in any county having a county court, provide for the election of a special county judge or special surrogate, not to exceed two in any county, to discharge the duties of county judge or of surrogate in such cases as may be provided by law. Any such special county judge or surrogate shall be chosen at the general election held in the first odd-numbered year after the creation of any such office, to take [SENATE JOURNAL] 199

office on the first day of January following such election, but no appointment shall be made by the Governor to such office meantime.

§ 13. The existing Surrogates' Courts are continued, and the surrogates now in office shall hold their offices until the expiration of their respective present terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the counties of New York, Kings, Bronx and Queens, where they shall hereafter be elected for terms of fourteen years. The Legislature may provide for the election of an additional surrogate in any county having a population of more than one million. Surrogates and Surrogates' Courts shall have the jurisdiction and powers now established by law until otherwise provided by the Legislature. The county judge shall be and serve as surrogate of his county except where a separate surrogate has been or shall be elected. In any county having a population exceeding forty thousand wherein there is now no separate surrogate, the Legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be six years. When the surrogate shall be elected as a separate officer, his compensation shall be established by law, and shall be payable out of the county treasury.

The Legislature may at any time provide that the duties of county judge and surrogate in any county be discharged by the same person. For the relief of Surrogates' Courts, the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of surrogates.

14. The Court of General Sessions in and for the city and county of New York is continued, and on and after the first day of January in the second year following the adoption of this article, it shall have the same jurisdiction throughout the city of New York, under the name of the Court of General Sessions of the City of New York, as it now possesses within the county of New York. The said court shall consist of the judges then in office and the judges transferred thereto by this section, all of whom shall continue to be judges of the Court of General Sessions of the City of New York for the remainder of the terms for which they severally were elected or appointed. The judges of the county courts of Kings, Bronx, Queens and Richmond then in office shall be and serve as judges of the Court of General Sessions of the City of New York for the remainder of the terms for which they were severally elected or appointed. The successors to the judges who were elected or appointed as judges of the Court of General Sessions in and for the city and county of New York shall be elected by the electors within the county of New York, and the successors