New York Consolidated Laws, Judiciary Law - JUD § 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.