During the final hours of its regular 2011 session, the New York Legislature gave initial passage to a proposed amendment to the state Constitution raising to 80 from 70 the mandatory retirement age for judges on the state Court of Appeals and to 80 from 76 the maximum age that retired Supreme Court justices can continue to serve.

All judges must retire at age 70. However, Supreme Court justices can be certificated for an additional three two-year terms. They must apply for each term and be approved by court officials. Although the proposed amendment would give Court of Appeals judges more time on the bench, it would not allow them to be appointed or re-appointed after they turn 70.