§ 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.