The Text

The appellate divisions in the first and second departments shall severally have power to establish an appellate term of the supreme court to be held in and for its department, to be constituted of not less than three nor more than five justices of the supreme court, who shall be designated from time to time by such appellate division and shall be residents of the department. Any such appellate term may be discontinued and reestablished as said appellate divisions, respectively, from time to time shall determine, and any designation to service therein may be revoked at any time by the appellate division so designating. In each appellate term, no more than three justices assigned thereto shall sit in any case; two of such justices shall constitute a quorum, and the concurrence of two shall be necessary to a decision. Such appellate terms shall have jurisdiction to hear and determine all appeals now or hereafter authorized by law to be taken to the supreme court or to the appellate division other than appeals from the supreme court, a surrogate’s court, or the court of general sessions of the city of New York, as may from time to time be directed by the appellate division establishing such appellate term. The appellate term or the appellate division establishing it may allow an appeal from such appellate term to such appellate division whenever in the opinion of either a question of law or fact is involved which ought to be reviewed.