Kates v. Yeshiva University (13 N.Y.2d 893, 1963)

Motion for reargument [on the ground that an Associate Judge of the Court of Appeals who was not present at the time of the argument of the appeal participated in the decision] denied upon the authority of rule VIII of the Rules of the Court of Appeals, section 2 (par. a) of article VI of the New York State Constitution and section 21 of the Judiciary Law. [See 13 N Y 2d 805.]