Highest Court
The highest court in New York is the Court of Appeals of New York. The Court of Appeals consists of 7 judges. It has jurisdiction over (1) Final appellate jurisdiction in civil and criminal cases. (2) Direct appeal of questions involving provision of constitution and death sentence.
Intermediate Courts
Appellate Division of Supreme
Court
The Appellate Division of Supreme
Court consist of 55 judges. It has jurisdiction over (1) Civil and criminal
appellate jurisdiction.
Appellate Terms of Supreme Court
The Appellate Terms of Supreme Court
consist of 15 supreme court justices serve each term (5 in each appellate
term). It has jurisdiction over (1) Civil and criminal appellate
jurisdiction over appeals from courts of limited jurisdiction.
General Courts
Supreme Court
The Supreme Court consists of 369
justices. It has jurisdiction over (1) Unlimited law and equity,
and exclusive matrimonial. (2) Felonies and misdemeanors prosecuted
by indictment.
No jury trials are overseen by this
court.
County Court
The County Court consist of 128
judges. It has jurisdiction over (1) Civil law and equity under $36,000.
Original criminal jurisdiction over all offenses (except in New York City).
Appeals on record.
No jury trials are overseen by this court.
Limited Courts
Family Court
The Family Court consists of 126
judges. It has jurisdiction over (1) Adoption, child protection, family,
offenses, support, custody, and paternity.. (2) Juvenile delinquency.
No jury trials are overseen by this court.
Surrogate's Court
The Surrogate's Court consist of
30 surrogate's. It has jurisdiction over (1) Matters relating to
decedents' estates, probate of wills, adoption, guardianships.
City Court
The City Court consist of 158 judges.
It has jurisdiction over (1) Civil actions under $5,000, small claims.
(2) Criminal with fine less than $1,000, sentence less than 12 months,
and felony preliminaries.
No jury trials are overseen by this
court.
Town and Village Justice Court
The Town and Village Justice Court
consist of 2,164 justices. It has jurisdiction over (1) Original
civil under $3,000 (small claims). (2) Original criminal with fine
less than $1,000 sentence less than 12 months (mostly traffic), and
felony preliminaries.
No jury trials are overseen by this
court.
Court of Claims
The Court of Claims consist of 22
judges plus 50 sitting as acting Supreme Court justices in felony trials.
It has jurisdiction over (1) Claims to which the state is a party.
District Court
The District Court consist of 50
judges. It has jurisdiction over (1) In Nassau and Suffolk Counties.
(2) Civil actions under $15,000. (3) Criminal with fine less than
$1,000 or sentence less than 12 months, and felony preliminaries.
No jury trials are overseen by this court.
Civil Court of the City of New
York
The Civil Court of the City of New
York consist of 120 judges. It has jurisdiction over (1) Civil law
and equity under $36,000, including small claims and housing partition.
No jury trials are overseen by this court.
Criminal Court of the City of
New York
The Criminal Court of the City of
New York consist of 107 judges. It has jurisdiction over (1) Criminal
with fine less than $1,000 or sentence less than 12 months, felony preliminaries.
No jury trials are overseen by this court.
Additional Information
Courts not to sit on Sunday except
in special cases nor on Saturday in certain cases.
A court shall not be opened or transact
business on a Sunday or a Saturday, if one of the parties observes Saturday
as a holy day, except to receive a verdict, discharge a jury, or
to receive a plea of guilty and the pronouncement of a sentence of a criminal
court or a court of special sessions. A Saturday session of court
must be adjourned to some other day than Sunday, unless made after a cause
has been committed to a jury. However, these restrictions do not
apply to a magistrate where it is necessary to preserve peace; in the situation
of a criminal case, arrest, commit, or discharge a person charged with
an offense; granting an injunction order of a supreme court justice who
deems it necessary to prevent irremediable injury; or servicing a summons
with or without a complaint if accompanied by an injunction order and an
order of such justice permitting service on that day. (New York State Consolidated
Laws chapter 30, Article 2. Section 5)
Adjournment of term of court
of record to future day
Any term of a court of record may
be adjourned from day to day, or to a specified future day, by an entry
in the minutes. Any judge of the court may so adjourn a term thereof, in
the absence of a sufficient number of judges to hold the term. (New York
State Consolidated Laws Chapter 30, Article 2, Section 6)
Judge prohibited from taking
fees for advice in matters before him
A judge or judicial officer shall
not demand nor receive any type of compensation for giving advice in an
action, claim, matter, motion, or proceeding pending to him/her or for
which the judge believe may be brought to him/her, or for preparing a paper
or other proceeding relating to an action, claim, matter, motion, or proceeding.
However, a justice of the peace is allowed by law to receive compensation.
(New York State Consolidated Laws Chapter 30, Article 2, Section 18)
Internal control responsibilities
The chief judge shall: establish
and maintain guidelines for internal control; a system to review the internal
control, and assigned internal control officers. To identify
all parts of the judiciary and their responsibilities, the chief judge
shall issue and periodically revise a schedule which lists all the components.
(New York State Consolidated Laws Chapter 30, Article 7-D, Section
249-a)
Polish and Italian interpreters
for Erie county
The county of Erie shall appoint
a Polish and an Italian interpreter. The interpreters shall be appointed
by the Erie County Clerk and serve under the presiding judge or justice
at the criminal terms of the county and supreme court, and before grand
juries. (New York State Consolidated Laws Chapter 30, Article
12 S 388)
Execution of warrant
The sheriff issuing a warrant must
collect each fine out of the person's personal property, as directed by
the laws and rules of collection. A delinquent unable to pay due
to a lack of personal property shall be arrested by the sheriff and detained
in custody until paid. (New York State Consolidated Laws Chapter
30 Article 20, S 792)
