40 Judges Certificated by Adminstrative Board

, New York Law Journal

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All 40 trial and appellate justices who sought certification to remain on the bench beyond the mandatory retirement age of 70 have been approved by the Administrative Board of the Courts to serve another two years.

Although judges must retire at the end of the year in which they turn 70, under the state Constitution and Judiciary Law §115, Supreme Court justices can be certificated to remain on the bench for up to three, two-year extensions if they are deemed physically and mentally fit.

Forty justices sought certifications or recertifications this year, and all of them were approved, the court system confirmed yesterday.

Among those whose terms have been extended are: Appellate Division justices Richard Andrias (See Profile) and Karla Moskowitz (See Profile) of the First Department, Robert Rose (See Profile) of the Third Department and Appellate Term Justice Richard Lowe III (See Profile) of the First Department. Additionally, former Third Department Acting Presiding Justice Thomas Mercure (See Profile), who left the appellate bench for an administrative post, and Brooklyn Supreme Court Justice Barry Kamins (See Profile), who last week was named chief of policy and planning for the Office of Court Administration (NYLJ, Dec. 18) were approved for term extensions.

The board had threatened to deny certifications to "double-dipping" judges who are simultaneously collecting a pension from a prior public position and a full salary. However, in the wake of a lawsuit filed by Justice Gerald Loehr of Westchester County (NYLJ, Dec. 23), the Administrative Board has certificated those judges pending the outcome of the litigation

A full list of judges who have been certificated or recertificated is available here.

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