The Text

The appellate terms of the supreme court in the first and second departments are continued, subject to the power of the appellate division in each such department to discontinue at any time the appellate term in its department. The appellate division in each department shall have power to reestablish an appellate term in case an appellate term in that department shall have previously been discontinued. An appellate term shall 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 the appellate division of its department and shall be residents of the department. The designation to service therein including the designation of the justices now serving may be revoked at any time by the appellate division of the respective department in which the justice is serving. In each appellate term, no more than three justices shall sit in any case; two justices shall constitute a quorum, and the concurrence of two shall be necessary to a decision. An appellate term shall have jurisdiction to hear and determine appeals 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 a court of general sessions, as may from time to time be directed by the appellate division of the department in which it is established. The appellate term or the appellate division in its department may allow an appeal from such appellate term to the appellate division whenever in the opinion of either a question of law or fact is involved which ought to be reviewed.