New York Judiciary Code § 21

Judge other than of court of appeals or appellate division not to decide question argued during his absence
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§ 21. Judge other than of court of appeals or appellate division not\nto decide question argued during his absence. A judge other than a judge\nof the court of appeals, or of the appellate division of the supreme\ncourt, shall not decide or take part in the decision of a question,\nwhich was argued orally in the court, when he was not present and\nsitting therein as a judge.\n

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