NY Cty L § 701 (2021)
2021 New York Laws CNT - County Article 18 - District Attorney 701 - Special District Attorney.

§ 701. Special district attorney. 1. Whenever the district attorney of any  county  and  such  assistants as he or she may have shall not be in attendance at a term of any court of record, which he or she is  by  law required to attend, or are disqualified from acting in a particular case to  discharge  his  or  her  duties  at  a term of any court, a superior criminal court in the county wherein  the  action  is  triable  may,  by order:  (a)  appoint  some  attorney at law having an office in or residing in the county, or any adjoining county, to act as special district attorney during the  absence,  inability  or  disqualification  of  the  district attorney and such assistants as he or she may have; or  (b)  appoint  a  district  attorney  of  any  other  county within the judicial department or of any county adjoining the  county  wherein  the action  is  triable  to  act as special district attorney, provided such district attorney agrees to accept appointment by  such  criminal  court during  such  absence,  inability  or  disqualification  of the district attorney and such assistants as he or she may have.   2. If, for any reason, the appointment of a special district  attorney cannot  be  effectuated  pursuant to paragraph (a) or (b) of subdivision one of this section,  the  court  shall  then  attempt  to  effect  such appointment pursuant to the other such paragraph.   3. Where a special district attorney appointed under this section is a district  attorney, he or she may direct the exercise of such powers and the performance of such duties by any assistant in his or her office  in any  case  in which he or she serves as special district attorney to the same extent permitted by law in any case in which he or  she  serves  as district attorney.   4. No appointment made under this section shall be for a period beyond the   adjournment  of  the  term  at  which  made.  Where,  however,  an appointment is required under this section for a particular case because of the disqualification of the district attorney, the appointment may be made for all  purposes,  including  disposition.  The  special  district attorney  so appointed shall possess the powers and discharge the duties of the district attorney during the period for which he or she shall  be appointed.  The  provisions of this section shall also apply to a county wholly contained within a city.   5. Where a special district attorney is appointed under this  section, the  board  of  supervisors  of the county wherein such special district attorney serves,  after  having  been  notified  and  provided  with  an opportunity to be heard, shall pay the necessary disbursements of, and a reasonable compensation for, the services of the person so appointed and acting,  as  certified  by  the  presiding  judge  or  justice.  Nothing contained  herein  shall  prevent  any  county  from  entering  into  an agreement  with  any  other  county  for  the  compensation of a special district attorney appointed pursuant to paragraph (b) of subdivision one of this section. In no event shall the  compensation  paid  pursuant  to paragraph (b) of subdivision one of this section exceed the compensation paid  by  the  county  in  which  such  district attorney, or his or her assistants, serves.