82 – Quorum and Number Necessary to a Sitting and Decision of Appellate Division.

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