The New York State Constitution authorizes the New York Court of Appeals to designate ("vouch in") any justice of the state Supreme Court to serve as a substitute judge during the temporary absence or inability to act of any of the court's seven permanent members.

This provision was part of a package of proposed amendments to the Constitution's judiciary article developed by the legislatively created Judicial Constitutional Convention of 1921. With minor changes, the Convention's proposed amendments were enacted by the Legislature and adopted by the People at the election of 1925. The State Constitution does not allow the Court to designate a substitute judge when a vacancy occurs. If the Court deadlocks at 3-3 or 3-2 when shorthanded because of a vacancy, the constitutional solution is reargument once the court returns to full strength, obviating the need for a substitute judge.