New York Judiciary Code § 82

Quorum and number necessary to a sitting and decision of appellate division
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§ 82. Quorum and number necessary to a sitting and decision of\nappellate division. No more than five justices of the appellate division\nin any department shall sit in any case. In each department four of the\njustices shall constitute a quorum, and the concurrence of three shall\nbe necessary to a decision. If three justices do not concur in a\ndecision, a reargument must be ordered.\n

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