N.Y. Judiciary Law § 517: Excuses and postponements

§ 517. Excuses and postponements. (a) (1) Except as otherwise provided

in paragraph two of this subdivision, the commissioner of jurors may, in

such commissioner's discretion, on the application of a prospective

juror who has been summoned to attend, excuse such prospective juror

from a part or the whole of the time of jury service or may postpone the

time of jury service to a later day during the same or any subsequent

term of the court, provided that if the prospective juror is a

breastfeeding mother and submits with her application a note from a

physician or nurse practitioner indicating that the prospective juror is

breastfeeding, the commissioner shall excuse the prospective juror or

postpone the time of jury service. The application shall be presented to

the commissioner at such time and in such manner as such commissioner

shall require, except that an application for postponement of the

initial date for jury service may be made by telephone.

(2) An application for postponement of jury service shall be granted

hereunder provided: (i) such service has not already been postponed or

excused, (ii) the application is made at such time and in such manner as

the commissioner of jurors requires, and (iii) the postponement is to a

date certain when the court is in session not more than six months after

the date on which such service otherwise is to commence and such date is

selected by the prospective juror, provided that if the prospective

juror is a breastfeeding mother, the postponement date may be a date

certain up to two years after the date on which such service otherwise

is to commence.

(b) A person whose application has been denied by the commissioner, or

who has not applied to the commissioner for an excuse or postponement,

may apply to the trial court, or to the court having supervision of the

grand jury, as the case may be, which may, in its discretion, excuse

such person from a part or the whole of the time of jury service, or may

postpone the time of jury service to a later day during the same or any

subsequent term of the court. If the applicant cannot personally attend,

he or she shall send the summons and application by a person capable of

making the necessary proof in relation to the application.

(c) In determining whether an application for excusal should be

granted, the commissioner or the court shall consider whether the

applicant has a mental or physical condition that causes him or her to

be incapable of performing jury service or there is any other fact

indicates that attendance for jury service in accordance with the

summons would cause undue hardship or extreme inconvenience to the

applicant, a person under his or her care or supervision, or the public.

Except as provided in paragraph two of subdivision (a) of this section,

in determining whether an application for postponement should be

granted, the commissioner or the court shall be guided by standards

promulgated by the chief administrator of the courts.