Section 88. Designation by presiding justice of appellate division of justice to hold term of supreme court

If it appear to the  satisfaction
  of  the  presiding  justice  of the appellate division in any department
  that a special or trial term of the supreme court duly appointed therein
  is in danger of failing, he may designate a justice who resides in  that
  department  to  hold  such  term  in the absence of the justice assigned
  thereto. If  in  the  opinion  of  such  presiding  justice  it  is  not
  practicable  to  make  a  designation  from  his department, he shall so
  inform the governor who may thereupon designate for such term a  justice
  from any department.