NEW YORK (Dow Jones/AP) – A state judge on Tuesday postponed his instructions to the jury members before they began deliberations in the retrial of former Tyco International Ltd. top executives L. Dennis Kozlowski and Mark H. Swartz.

New York State Supreme Court Justice Michael J. Obus said he was probably being “overly cautious” but delayed his instructions because a family member of a juror is undergoing surgery on Wednesday. The juror had told the court she might not be able to continue if there are complications in surgery.

As a result of the decision, jury deliberations won’t begin until Thursday at the earliest.

“On Thursday morning, I fully expect to go ahead with the instructions,” the judge said.

Kozlowski, Tyco’s former chief executive, and Swartz, the Bermuda conglomerate’s former chief financial officer, are on trial in New York State Supreme Court on charges of grand larceny, securities fraud and other crimes in connection with bonuses and other compensation they received while working as Tyco’s top executives.

They each face up to 25 years in prison on the most serious charge of grand larceny. They have denied wrongdoing. Their first trial ended in a mistrial last year.