71 - Designations by governor of justices of appellate division.

§ 71. Designations by governor of justices of appellate division. From  all  the  justices  elected  to  the  supreme  court  the governor shall  designate those who shall constitute  the  appellate  division  in  each  department,  and  he  shall designate the presiding justice thereof, who  shall act as such during his term of office, and shall be a resident  of  the department. The other justices shall be designated for terms of five  years, or the unexpired portions of their respective terms of office, if  less  than  five  years.  From  time  to  time,  as  the  terms  of such  designations expire, or vacancies occur, the  governor  shall  make  new  designations.  He  may  also, on request of any appellate division, make  temporary designations in case of the absence or inability to act of any  justice in such appellate division, for service during such  absence  or  inability  to  act.  In case any appellate division shall certify to the  governor that one or more additional justices are needed for the  speedy  disposition  of  the  business  before it, the governor may designate an  additional justice or justices; but when the need  for  such  additional  justice  or justices shall no longer exist, the appellate division shall  so certify to the governor and thereupon service under such  designation  or  designations  shall  cease. A majority of the justices designated to  sit in any appellate division shall at all times  be  residents  of  the  department.  A designation of a justice of the appellate division of the  supreme court must be in writing, and  filed  in  the  office  of  court  administration.