§ 149 — Governor may appoint extraordinary terms and name justices to hold them

New York § 149

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 5: Supreme Court

Text

§ 149. Governor may appoint extraordinary terms and name justices to\nhold them. 1. The governor may, when, in his opinion the public\ninterest requires, appoint one or more extraordinary special or trial\nterms of the supreme court. He must designate the time and place of\nholding the same, and name the justice who shall hold or preside at such\nterm, and he must give notice of the appointment in such manner as, in\nhis judgment, the public interest requires. The governor may terminate\nthe assignment of the justice named by him to hold a term appointed\npursuant to this section, and may name another justice in his place to\nhold the same term. In such event, the grand jury drawn to attend such\nterm shall continue to serve thereat until discharged in the manner\nprescribed by law. A justice named to preside at an extraordinary term\nappointed under this section shall have power to order the drawing of a\ngrand jury or grand juries in place of or in addition to the grand jury\noriginally drawn for such term. Such other grand jury or grand juries\nshall be summoned in the manner prescribed for grand juries in general\nand shall be subject to all the provisions of law applicable to a grand\njury summoned pursuant to sections five hundred thirty-one, six hundred\nnine and six hundred eighty-four of this chapter.\n 2. A motion involving a matter pending before such extraordinary\nspecial or trial term shall be made returnable at such term, except\nthat, in the exercise of discretion, a justice of the appellate division\nof the supreme court in the department in which such extraordinary\nspecial or trial term is being held may grant permission for such motion\nto be heard at a term of such appellate division.\n