The death, sickness, resignation, removal from or expiration of office or other disability or legal incapacity of a judge following his verdict, report, decision or determination of a motion or special proceeding in any matter in a civil judicial proceeding shall not affect its validity. Unless otherwise provided by rule of the chief administrator of the courts, any other judge of the same court may, on the application of a party, give effect to such verdict, report, decision or determination and make and sign an appropriate order or judgment based thereon, which shall have the same effect as if it had been made by the judge upon whose verdict, report, decision or determination it is based.
R 9002.Death, disability or incapacity of judge following verdict, report, decision, or determination of motion or special proceeding.
Article 90. Failure or Adjournment of Term of Court · Last amended 1986 · Last verified July 21, 2026
In one sentenceSection 9002 provides that a judge's death, disability, or loss of office after rendering a verdict, report, decision, or determination does not affect its validity, and lets another judge of the same court, on a party's application, give effect to it and sign an appropriate order or judgment with the same effect as if the original judge had signed it.
Full Text of CPLR 9002
Plain-English Summary
Section 9002 addresses a judge who becomes unavailable after having already ruled. If a judge dies, becomes sick, resigns, is removed from office, has the office expire, or otherwise becomes disabled or legally incapacitated after rendering a verdict, report, decision, or determination of a motion or special proceeding in a civil judicial proceeding, that event does not affect the validity of what the judge already decided.
Unless a rule of the chief administrator of the courts provides otherwise, any other judge of the same court may, on a party's application, give effect to that verdict, report, decision, or determination and sign an appropriate order or judgment based on it. That order or judgment carries the same effect as if the original judge had signed it.
Frequently Asked Questions
What happens if a judge dies or becomes disabled after deciding a motion but before signing the order?
Section 9002 says the judge's death, sickness, resignation, removal, expiration of office, or other disability or legal incapacity does not affect the validity of the verdict, report, decision, or determination already made.
Who can complete the paperwork if the original judge cannot?
Any other judge of the same court may, on the application of a party, give effect to the verdict, report, decision, or determination and sign an appropriate order or judgment based on it.
Does a party have to ask for the substitute judge to act?
Yes. Section 9002 conditions the substitute judge's action on the application of a party.
Does the order signed by the substitute judge carry the same weight as one signed by the original judge?
Yes. Section 9002 gives it the same effect as if it had been made by the judge upon whose verdict, report, decision, or determination it is based.
Can a rule override this substitution mechanism?
Yes. The section applies unless otherwise provided by rule of the chief administrator of the courts.
Advisory Committee Notes
This rule is derived without substantive change from CPA § 79-a, which was added to the act in 1958. Laws 1958, c 425.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1986, ch 355, § 14, eff July 14, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: death or disability of judge after verdictCPLR 9002 substitute judge sign orderjudge incapacity after decision CPLRanother judge give effect to verdict CPLR