2023 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.