2022 New York Laws
JUD - Judiciary
Article 16 - Selection of Jurors
517 - Excuses and Postponements.

§ 517. Excuses and postponements. (a) (1) Except as otherwise provided
in paragraph two of this subdivision, the commissioner of jurors may, in
his or her discretion, on the application of a prospective juror who has
been  summoned  to  attend, excuse such prospective juror from a part or
the whole of the time of jury service or may postpone the time  of  jury
service  to  a  later  day during the same or any subsequent term of the
court, provided that if the prospective juror is a breastfeeding  mother
and submits with her application a note from a physician indicating that
the  prospective  juror  is breastfeeding, the commissioner shall excuse
the prospective  juror  or  postpone  the  time  of  jury  service.  The
application  shall  be presented to the commissioner at such time and in
such manner as he or she shall require, except that an  application  for
postponement  of  the  initial  date  for  jury  service  may be made by
telephone.
  (2) An application for postponement of jury service shall  be  granted
hereunder  provided:  (i) such service has not already been postponed or
excused, (ii) the application is made at such time and in such manner as
the commissioner of jurors requires, and (iii) the postponement is to  a
date certain when the court is in session not more than six months after
the date on which such service otherwise is to commence and such date is
selected  by  the  prospective  juror, provided  that if the prospective
juror is a breastfeeding mother, the postponement date  may  be  a  date
certain  up  to two years after the date on which such service otherwise
is to commence.
  (b) A person whose application has been denied by the commissioner, or
who has not applied to the commissioner for an excuse  or  postponement,
may  apply to the trial court, or to the court having supervision of the
grand jury, as the case may be, which may,  in  its  discretion,  excuse
such person from a part or the whole of the time of jury service, or may
postpone  the time of jury service to a later day during the same or any
subsequent term of the court. If the applicant cannot personally attend,
he or she shall send the summons and application by a person capable  of
making the necessary proof in relation to the application.
  (c)  In  determining  whether  an  application  for  excusal should be
granted, the commissioner  or  the  court  shall  consider  whether  the
applicant  has  a mental or physical condition that causes him or her to
be incapable of performing jury service  or  there  is  any  other  fact
indicates  that  attendance  for  jury  service  in  accordance with the
summons would cause undue  hardship  or  extreme  inconvenience  to  the
applicant, a person under his or her care or supervision, or the public.
Except  as provided in paragraph two of subdivision (a) of this section,
in  determining  whether  an  application  for  postponement  should  be
granted,  the  commissioner  or  the  court shall be guided by standards
promulgated by the chief administrator of the courts.