There shall be a stenographer attached to said
Court, to be appointed and removed by said Court. The Board of Estimate
and Apportionment may from time to time authorize the appointment
by the Court of an additional stenographer or stenographers who shall
continue in office during the pleasure of the Court.
A stenographer of said Court shall attend at
all sessions of the Court and take full stenographic notes of the
testimony and all other proceedings in each case tried or heard by
said Court, unless the Justice presiding at such trial or hearing
shall dispense with the services of such stenographer, with respect
to all or a portion of the proceedings therein. The Court or a Justice
thereof may, in its or his discretion, make an order directing the
stenographer to file with the Clerk forthwith, or within a specified
time, the original stenographic notes taken upon a trial or hearing
whereupon the stenographer must file the same accordingly. Such stenographer
shall fully note each rule or decision of the presiding Justice, and
when trial is by jury, each and every remark or comment of such Justice
during the trial when requested so to do by either party.
The original stenographic notes taken by the
stenographer shall be part of the proceedings in the case, and unless
they are filed pursuant to an order made as prescribed in the last
section, they must be carefully preserved by the stenographer for
one (1) year after the trial or hearing, at the expiration of which
time he may destroy the same. If the stenographer dies or his office
becomes otherwise vacant before the expiration of that time, they
must be delivered to his successor in office to be held by him with
like effect as if they had been taken by him. They must be written
out at length by the stenographer if a Justice of said Court so directs
or if the stenographer is required so to do by a party to the action
or his attorney. Unless such direction is given or such requisition
is made the stenographer shall not be required so to write them out.
The stenographer specified in this Part
2 must furnish to the Justice presiding at a trial with all reasonable diligence a copy written out at length from his stenographic notes of the testimony in the proceedings or any part thereof upon the trial or hearing of any action or proceeding pending in said Court, upon the direction of the Justice presiding thereat and without charge. The stenographer's fees for making a transcript of the testimony on appeal or for a transcript of the testimony furnished to either of the parties or their attorney shall be ten cents ($0.10) per folio.
The stenographers of said Court shall have such
compensation as shall be fixed and determined by the Board of Estimate
and Apportionment of the City of Albany.