§ 268. Compensation of clerks and deputy clerks of appellate division.

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Terms Used In N.Y. Judiciary Law 268

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.

2. The salary of the clerk of the appellate division in the second judicial department shall be fixed by the justices of the said appellate division or a majority of them, to be paid quarterly by the department of taxation and finance out of the public treasury of the state.

3. The clerks of the appellate division in each of the third and fourth departments shall be paid an annual salary to be fixed by the justices of said departments at not exceeding eight thousand five hundred dollars to be paid by the department of taxation and finance to such appointees monthly.

4. The salary of the deputy clerk of the appellate division of the third department shall be not to exceed six thousand two hundred fifty dollars per year and shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salary monthly, and shall apportion the amount thereof among the counties comprising the third judicial department. Such counties shall reimburse the state for such salary. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.

5. The clerk of the appellate division of each of the third and fourth departments, in addition to the salary herein provided shall be entitled to receive his necessary disbursements for postage, telephone, telegraph and express charges, to be certified by the presiding justice of said department, and to be paid in the same manner as his salary.

6. The compensation herein provided for the clerk and the deputy clerk of the appellate division of the third and fourth departments, shall be in lieu of all fees and charges, and neither said clerk nor deputy clerk shall hereafter be permitted to charge or receive any fee whatever in addition to his salary, for any official service rendered by him.

7. The compensation of the consultation clerk to the justices of the appellate division of the third department shall be fixed by said justices at not to exceed fifty-five hundred dollars per year, to be paid in the same manner as the salary of the deputy clerk of said department.

8. The salary of the deputy clerk of the appellate division of the fourth department and of the consultation clerk to the justices of the appellate division of the fourth department shall be fixed by said justices at not to exceed six thousand two hundred fifty dollars per year for the deputy clerk and at not to exceed five thousand five hundred dollars per year for the consultation clerk. Such salaries shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salaries monthly, and shall apportion the total amount thereof among the counties comprising the fourth judicial department. Such counties shall reimburse the state for such salaries. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.