Section 149. Governor may appoint extraordinary terms and name justices to hold them  


Latest version.
  • 1. The governor  may,  when,  in  his  opinion  the  public
      interest  requires,  appoint  one or more extraordinary special or trial
      terms of the supreme court. He must designate  the  time  and  place  of
      holding the same, and name the justice who shall hold or preside at such
      term,  and  he must give notice of the appointment in such manner as, in
      his judgment, the public interest requires. The governor  may  terminate
      the  assignment  of  the  justice  named by him to hold a term appointed
      pursuant to this section, and may name another justice in his  place  to
      hold  the  same term. In such event, the grand jury drawn to attend such
      term shall continue to serve thereat  until  discharged  in  the  manner
      prescribed  by  law. A justice named to preside at an extraordinary term
      appointed under this section shall have power to order the drawing of  a
      grand  jury or grand juries in place of or in addition to the grand jury
      originally drawn for such term. Such other grand jury  or  grand  juries
      shall  be  summoned in the manner prescribed for grand juries in general
      and shall be subject to all the provisions of law applicable to a  grand
      jury  summoned pursuant to sections five hundred thirty-one, six hundred
      nine and six hundred eighty-four of this chapter.
        2. A motion involving  a  matter  pending  before  such  extraordinary
      special  or  trial  term  shall  be made returnable at such term, except
      that, in the exercise of discretion, a justice of the appellate division
      of the supreme court in  the  department  in  which  such  extraordinary
      special or trial term is being held may grant permission for such motion
      to be heard at a term of such appellate division.