The New York State court system is organized into 11 trial courts, four intermediate appellate divisions with two appellate terms, and a single high court called the Court of Appeals, with more than 1,400 judges spread across the state.1New York State Unified Court System. FY 2026 Judiciary Budget Request The whole structure sits under Article VI of the State Constitution as the Unified Court System, an independent branch of state government.2Justia. New York Constitution Article VI – Judiciary One quirk trips almost everyone: New York’s “Supreme Court” is the main trial court, not the top of the system. The final authority belongs to the Court of Appeals.
Supreme Court: The Main Trial Court
The Supreme Court of the State of New York is the trial court of general jurisdiction. Under Article VI, Section 7 of the State Constitution, it can hear virtually any civil or criminal matter not exclusively assigned somewhere else.2Justia. New York Constitution Article VI – Judiciary Most high-value civil litigation ends up here: medical malpractice, serious personal injury, and large contract disputes. Supreme Court is also the only court in New York that can grant a divorce, contested or not.3New York Courts. Divorce Frequently Asked Questions (FAQs) Family Court cannot do it.
Several counties run a Commercial Division within Supreme Court for complex business disputes above a set monetary threshold. In New York County (Manhattan), the minimum is $500,000. Other counties set their own numbers, so the qualifying amount depends on where the case is filed. Judges in the Commercial Division handle corporate governance, partnership disputes, and major contract claims, and cases move on a faster track than typical civil litigation.
County Courts, City Courts, and Justice Courts
Outside New York City, County Courts are the main criminal trial courts. They prosecute felonies — any charge that could carry more than 364 days in prison — and they also hear civil cases up to $25,000. County Courts sit in every county outside the five boroughs, and their judges serve 10-year terms.4New York State Department of State. The Judicial System
City Courts operate in smaller cities across the state and handle misdemeanors, traffic violations, and small claims up to $5,000. A misdemeanor in New York tops out at 364 days in jail, not a full year. The legislature deliberately lowered the ceiling from 365 to 364 to reduce federal immigration consequences for noncitizens convicted of minor offenses.5New York State Senate. New York Penal Code 70.15 – Sentences of Imprisonment for Misdemeanors and Violation
Town and Village Justice Courts are the most numerous courts in the system, and for many people in rural and suburban areas, they are the first courtroom they ever see. Justice Courts handle traffic tickets, local ordinance violations, and small claims up to $3,000.6New York State Unified Court System. A Guide to Small Claims and Commercial Small Claims Unlike judges in the other trial courts, many town and village justices are not required to be lawyers. They receive training but may hold other jobs during the day.
New York City Civil Court and Housing Court
The five boroughs have their own limited-jurisdiction trial court: the Civil Court of the City of New York. It hears civil cases up to $50,000, which absorbs a huge volume of debt collection, minor personal injury, and contract disputes that would otherwise land in Supreme Court.7New York State Senate. New York City Civil Court Act CCA 201 NYC Civil Court also runs a small claims part, with a limit of $10,000 and filing fees of $15 to $20.8New York Courts. Starting a Case in NYC Small Claims Court That ceiling is double the $5,000 cap in upstate City Courts.
Inside the Civil Court sits the Housing Part, better known as Housing Court. It resolves residential landlord-tenant disputes, including evictions, rent claims, building code enforcement, and illegal lockouts.9New York Courts. New York City Housing Court A specialized HP Part handles cases brought by tenants or the city to force landlords to make legally required repairs.10New York State Senate. New York City Civil Court Act CCA 110 Since 2017, New York City has run a Right to Counsel program providing free legal representation to tenants facing eviction, regardless of immigration status. It is operated by the city’s Office of Civil Justice with nonprofit legal organizations in all five boroughs.11NYC.gov. Right to Counsel
Family Court, Surrogate’s Court, and Court of Claims
Family Court handles custody, visitation, child support, orders of protection, juvenile delinquency, and child neglect. Its authority comes from the Family Court Act, and its focus is the welfare of children and families rather than criminal punishment.12New York State Senate. New York Family Court Act 115 – Jurisdiction of Family Court Many proceedings are confidential, particularly those involving minors. For family offenses like domestic violence, Family Court shares jurisdiction with the criminal courts, so a victim can choose which court to approach. The one thing Family Court cannot do is grant a divorce.
Surrogate’s Court handles the affairs of people who have died, with or without a will. Under the Surrogate’s Court Procedure Act, it manages probate, estate administration, and distribution to heirs, along with adoptions and certain guardianships.13New York State Senate. Surrogates Court Procedure Act Each county has its own Surrogate’s Court, and probate filing fees are graduated by estate value.
Suing the State of New York itself has one venue only: the Court of Claims. The state waived sovereign immunity through the Court of Claims Act, agreeing to be sued under the same standards that apply to private parties.14New York State Senate. New York Court of Claims Act 8 – Waiver of Immunity From Liability Its deadlines are strict. A personal injury claim caused by a state employee’s negligence must be filed, or a notice of intention served, within 90 days. A breach of contract claim against the state must be filed within six months. A timely notice of intention pushes the final filing deadline out to two years.15New York State Senate. New York Court of Claims Act 10 – Limitation of Time for Filing Claim or Notice of Intention Missing these windows usually forfeits the right to sue.
Problem-Solving Courts
Several specialized parts operate within the existing trial courts to address the root causes of certain cases rather than only impose sentences. These include drug treatment courts, mental health courts, veterans treatment courts, opioid courts, human trafficking courts, community courts, and family treatment courts.16New York Courts. Problem-Solving Courts
Drug treatment courts are the most established. A defendant charged with a nonviolent drug offense, generally a Class B through E felony, may be screened for substance abuse and offered supervised treatment in place of incarceration. Participation requires a guilty plea plus regular court appearances, drug testing, and compliance with treatment. Successful completion can reduce the charge or sentence; failure reactivates the original plea. Defendants with recent violent felony convictions or major trafficking convictions are excluded.
Intermediate Appellate Courts
The first stop for an appeal is usually the Appellate Division of the Supreme Court. The State Constitution divides New York into four Judicial Departments, each with its own Appellate Division. The First and Second Departments, covering New York City and its suburbs, have seven justices each. The Third and Fourth, covering upstate, have five. Four justices make a quorum, and at least three must agree to decide a case.17Justia. New York Constitution Article VI – Judiciary – Section 4
The Appellate Division does not retry cases. It reviews the record to decide whether the trial court applied the law correctly, whether the evidence supported the verdict, and whether any procedural errors affected the outcome. It can affirm, reverse, or modify the decision below.
For appeals from the lower courts — City Courts, Town and Village Justice Courts, and NYC Civil Court — the First and Second Departments run Appellate Terms that take smaller civil and less serious criminal appeals. The Third and Fourth Departments have no Appellate Terms; appeals from lower courts there go to the County Court or directly to the Appellate Division, depending on the court of origin.
Court of Appeals
The Court of Appeals is New York’s highest court and the final word on state law. It has one Chief Judge and six Associate Judges. Each is nominated by the Commission on Judicial Nomination, appointed by the Governor, and confirmed by the State Senate for a 14-year term.2Justia. New York Constitution Article VI – Judiciary
Getting a case in front of the court is difficult. Most appeals require “leave to appeal,” meaning formal permission from either the Appellate Division or the Court of Appeals itself. Two judges of the Court of Appeals must approve a request for it to be accepted.18New York State Senate. New York Civil Practice Law and Rules Article 56 – 5602 – Appeals to the Court of Appeals by Permission Some cases qualify as of right, notably when the Appellate Division ruled non-unanimously or a constitutional question is directly involved, but permission is the usual route.
The court rarely revisits factual disputes. It exists to resolve significant legal questions and set statewide precedent that binds every lower court. When the four Appellate Division departments disagree on the same legal issue, the Court of Appeals decides. Its rulings are final unless a federal constitutional issue lets the losing party seek review from the U.S. Supreme Court.
How Judges Are Selected and Overseen
New York fills its judicial seats through a mix of election and appointment, and the method depends on the court. Supreme Court justices are elected in partisan races for 14-year terms. County Court judges are also elected in partisan races and serve 10-year terms.4New York State Department of State. The Judicial System Appellate Division justices are not separately elected; the Governor designates them from sitting Supreme Court justices for five-year terms or the remainder of their Supreme Court term, whichever is shorter. Court of Appeals judges go through the formal nomination, appointment, and confirmation process described above.
Once seated, judges answer to the Commission on Judicial Conduct, an 11-member body created by Article VI, Section 22 of the State Constitution. Members are appointed by the Governor, legislative leaders, and the Chief Judge.19NYS Commission on Judicial Conduct. New York State Constitution – Section 22 The commission investigates complaints and can privately caution, publicly admonish, censure, or remove a judge. It can also require retirement of a judge no longer able to serve. A judge who disagrees with a determination can appeal to the Court of Appeals, which may confirm, reject, or adjust the sanction.
Geographic Structure
The State Constitution divides New York into four Judicial Departments and 13 Judicial Districts, which control where cases are filed and which appellate court reviews them.17Justia. New York Constitution Article VI – Judiciary – Section 4 The First Department covers Manhattan and the Bronx. The Second covers Brooklyn, Staten Island, Queens, and the suburban counties to the north and east. The Third and Fourth divide the rest of upstate New York. These lines matter because many trial judges are elected within their specific districts, and appellate jurisdiction follows the departmental boundaries.
Filing Costs and E-Filing
Starting a case in Supreme Court requires an index number, which costs $210. Small claims in NYC Civil Court are much cheaper: $15 for claims up to $1,000 and $20 for claims between $1,000 and $10,000.8New York Courts. Starting a Case in NYC Small Claims Court Surrogate’s Court probate fees are graduated by estate value. Litigants should also plan for court reporter transcripts, service of process, and attorney fees if they hire counsel.
Electronic filing runs through the NYSCEF platform. Supreme Court, Surrogate’s Court, the Court of Claims, NYC Civil Court, and Family Court all participate at some level, with certain counties and case types requiring mandatory e-filing and others allowing it voluntarily.20New York State Unified Court System. NYSCEF – New York State Courts Electronic Filing The list of authorized courts changes frequently, so check the NYSCEF site before filing anything.