N.Y. Jud. Law § 82

§ 82. Quorum and number necessary to a sitting and decision of\nappellate division. No more than five justices of the appellate division\nin any department shall sit in any case. In each department four of the\njustices shall constitute a quorum, and the concurrence of three shall\nbe necessary to a decision. If three justices do not concur in a\ndecision, a reargument must be ordered.\n