N.Y. CPLR § 4106

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4106 Alternate jurors § 4106. Alternate jurors. One or more additional jurors, to be knownas "alternate jurors", may be drawn upon the request of a party andconsent of the court. Such alternate juror or jurors shall be drawn atthe same time, from the same source, in the same manner, and have thesame qualifications as regular jurors, and be subject to the sameexaminations and challenges. They shall be seated with, take the oathwith, and be treated in the same manner as the regular jurors. Afterfinal submission of the case, the court may, in its discretion, retainsuch alternate juror or jurors to ensure availability if needed. At anytime, before or after the final submission of the case, if a regularjuror dies, or becomes ill, or is unable to perform the duties of ajuror, the court may order that juror discharged and draw the name of analternate, or retained alternate, if any, who shall replace thedischarged juror, and be treated as if that juror had been selected asone of the regular jurors. Once deliberations have begun, the court mayallow an alternate juror to participate in such deliberations only if aregular juror becomes unable to perform the duties of a juror.