New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 207 - Uniform Rules For The Surrogate's Court
Section 207.35 - Absence of attorney during trial

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the Surrogate. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. The court may permit trial counsel to leave, provided that counsel remain in telephone contact with the court.