Section 328. Designation of temporary stenographers to take place of or in addition to official stenographers

1. In case of the absence by  reason
  of  illness,  or  other cause, of the official stenographer to any grand
  jury in any county of this state, the district attorney  of  the  county
  may  designate  a  stenographer  to  perform the duties of such official
  stenographer during such absence, and  the  stenographer  so  designated
  shall  receive  the  compensation  which the official stenographer would
  have received for the same service, and the same shall be deducted  from
  the salary of the official stenographer.
    2.  Whenever  it  shall  appear to the judge or justice presiding at a
  term of court for which a grand jury has  been  drawn  that  the  public
  welfare  will  be  promoted  by  a  more  expeditious disposition of the
  offenses to be inquired into by such grand jury or that  the  volume  of
  business  to  be taken up and disposed of by it requires it, he may make
  an order directing the district attorney of the  county  in  which  such
  grand  jury  is  sitting  to  appoint  one or more additional grand jury
  stenographers to assist  the  official  stenographer  or  stenographers.
  Upon  the filing of such order in the office of the clerk of such county
  and the service of a copy thereof upon the  district  attorney  of  such
  county,  the  latter  shall  designate  and  appoint  as  many temporary
  stenographers as such order directs and each such appointment  shall  be
  made in the manner prescribed by section three hundred twenty-three.
    3.  Each  stenographer  appointed  in  pursuance  of the provisions of
  subdivision two of this section shall be  subject  to  all  the  duties,
  penalties  and  provisions  specified  in this article as though he were
  appointed pursuant to the provisions of section three hundred twenty-one
  hereof and shall receive as compensation for his services  such  sum  as
  shall be determined by the board of supervisors or county legislature of
  the  county  in  which  he  is  appointed,  except  that in the counties
  embraced  within  the  city  of  New  York  the  compensation  of   said
  stenographers shall be fixed by the board of estimate of the city of New
  York.
    4.  The  term  of office of any temporary stenographer appointed under
  the provisions of subdivision two of this  section  shall  terminate  at
  such  time  as  the  judge  or  justice  ordering  the  appointment  may
  thereafter determine, but in no event shall it continue beyond the  time
  of  the discharge by the court of the grand jury for which the temporary
  appointment was made.