Judiciary Law 7-C — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 7-B Continuance of out of court proceedings before judges of same court up ARTICLE 2 General Provisions Relating to Courts and Judges next SECTION 8 Emergency relocations of court terms Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 7-C Continuance of special proceeding before another officer Judiciary (JUD) CHAPTER 30, ARTICLE 2 § 7-c. Continuance of special proceeding before another officer. In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before or in the court of 1. the officer's successor, or 2. if there is no successor capable of acting, any other officer residing in the same county before whom it might have been originally instituted, or 3. if there is neither a successor nor an officer specified in paragraph two capable of acting, an officer in an adjoining county who would originally have had jurisdiction of the subject matter had it occurred or existed in the latter county. An officer substituted, as prescribed by law, to continue a special proceeding instituted before another, may exercise all powers in the special proceeding, as if it had been originally instituted before him.