N.Y. JUD Law § 71

§ 71. Designations by governor of justices of appellate division. From\nall the justices elected to the supreme court the governor shall\ndesignate those who shall constitute the appellate division in each\ndepartment, and he shall designate the presiding justice thereof, who\nshall act as such during his term of office, and shall be a resident of\nthe department. The other justices shall be designated for terms of five\nyears, or the unexpired portions of their respective terms of office, if\nless than five years. From time to time, as the terms of such\ndesignations expire, or vacancies occur, the governor shall make new\ndesignations. He may also, on request of any appellate division, make\ntemporary designations in case of the absence or inability to act of any\njustice in such appellate division, for service during such absence or\ninability to act. In case any appellate division shall certify to the\ngovernor that one or more additional justices are needed for the speedy\ndisposition of the business before it, the governor may designate an\nadditional justice or justices; but when the need for such additional\njustice or justices shall no longer exist, the appellate division shall\nso certify to the governor and thereupon service under such designation\nor designations shall cease. A majority of the justices designated to\nsit in any appellate division shall at all times be residents of the\ndepartment. A designation of a justice of the appellate division of the\nsupreme court must be in writing, and filed in the office of court\nadministration.\n