N.Y. Civil Practice Law & Rules § 4106: Alternate jurors

§ 4106. Alternate jurors. One or more additional jurors, to be known

as "alternate jurors", may be drawn upon the request of a party and

consent of the court. Such alternate juror or jurors shall be drawn at

the same time, from the same source, in the same manner, and have the

same qualifications as regular jurors, and be subject to the same

examinations and challenges. They shall be seated with, take the oath

with, and be treated in the same manner as the regular jurors. After

final submission of the case, the court may, in its discretion, retain

such alternate juror or jurors to ensure availability if needed. At any

time, before or after the final submission of the case, if a regular

juror dies, or becomes ill, or is unable to perform the duties of a

juror, the court may order that juror discharged and draw the name of an

alternate, or retained alternate, if any, who shall replace the

discharged juror, and be treated as if that juror had been selected as

one of the regular jurors. Once deliberations have begun, the court may

allow an alternate juror to participate in such deliberations only if a

regular juror becomes unable to perform the duties of a juror.