N.Y. Judiciary Law § 21: Judge other than of court of appeals or appellate division not to decide question argued during his absence

§ 21. Judge other than of court of appeals or appellate division not

to decide question argued during his absence. A judge other than a judge

of the court of appeals, or of the appellate division of the supreme

court, shall not decide or take part in the decision of a question,

which was argued orally in the court, when he was not present and

sitting therein as a judge.