This text of New York § 328 (Designation of temporary stenographers to take place of or in addition to official stenographers) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 328. Designation of temporary stenographers to take place of or in\naddition to official stenographers.
1.In case of the absence by reason\nof illness, or other cause, of the official stenographer to any grand\njury in any county of this state, the district attorney of the county\nmay designate a stenographer to perform the duties of such official\nstenographer during such absence, and the stenographer so designated\nshall receive the compensation which the official stenographer would\nhave received for the same service, and the same shall be deducted from\nthe salary of the official stenographer.\n 2. Whenever it shall appear to the judge or justice presiding at a\nterm of court for which a grand jury has been drawn that the public\nwelfare will be promoted by a more expeditious dis
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§ 328. Designation of temporary stenographers to take place of or in\naddition to official stenographers. 1. In case of the absence by reason\nof illness, or other cause, of the official stenographer to any grand\njury in any county of this state, the district attorney of the county\nmay designate a stenographer to perform the duties of such official\nstenographer during such absence, and the stenographer so designated\nshall receive the compensation which the official stenographer would\nhave received for the same service, and the same shall be deducted from\nthe salary of the official stenographer.\n 2. Whenever it shall appear to the judge or justice presiding at a\nterm of court for which a grand jury has been drawn that the public\nwelfare will be promoted by a more expeditious disposition of the\noffenses to be inquired into by such grand jury or that the volume of\nbusiness to be taken up and disposed of by it requires it, he may make\nan order directing the district attorney of the county in which such\ngrand jury is sitting to appoint one or more additional grand jury\nstenographers to assist the official stenographer or stenographers.\nUpon the filing of such order in the office of the clerk of such county\nand the service of a copy thereof upon the district attorney of such\ncounty, the latter shall designate and appoint as many temporary\nstenographers as such order directs and each such appointment shall be\nmade in the manner prescribed by section three hundred twenty-three.\n 3. Each stenographer appointed in pursuance of the provisions of\nsubdivision two of this section shall be subject to all the duties,\npenalties and provisions specified in this article as though he were\nappointed pursuant to the provisions of section three hundred twenty-one\nhereof and shall receive as compensation for his services such sum as\nshall be determined by the board of supervisors or county legislature of\nthe county in which he is appointed, except that in the counties\nembraced within the city of New York the compensation of said\nstenographers shall be fixed by the board of estimate of the city of New\nYork.\n 4. The term of office of any temporary stenographer appointed under\nthe provisions of subdivision two of this section shall terminate at\nsuch time as the judge or justice ordering the appointment may\nthereafter determine, but in no event shall it continue beyond the time\nof the discharge by the court of the grand jury for which the temporary\nappointment was made.\n