N.Y. Comp. Codes R. & Regs. Tit. 22 § 220.1 - Nondesignated alternate jurors

(a) Application. Upon consent of the parties, a court trying a civil case heard by a jury may adopt the procedure provided for in this section concerning the formation of the trial jury.

(b) Number of jurors. The number of jurors selected shall be as permitted by law.

(c) Designation of jurors. If more than six jurors are selected, they shall not at that time be designated as trial jurors and alternate jurors. Instead, if at the conclusion of the evidence more than six jurors remain on the jury, at that time the clerk of the court, in the presence of the court and the parties, shall randomly draw the names of six of the remaining jurors, who shall be the jurors who retire to deliberate upon a verdict. Unless otherwise determined by the court, the juror whose name was first drawn shall be designated as the foreperson. After the deliberating jurors have retired to deliberate, the remaining non-deliberating jurors shall be discharged. The court may, in appropriate circumstances, direct the discharged jurors not to discuss the case while the jury deliberates.

(d) Peremptory challenges. If the court adopts the procedure set forth in this section, the number of peremptory challenges specified in section 4109 of the Civil Practice Law and Rules shall be increased by one for every two jurors selected beyond the first six selected.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 220.1