§ 3. a. The jurisdiction of the court of appeals shall be limited to
the review of questions of law except where the judgment is of death, or
where the appellate division, on reversing or modifying a final or
interlocutory judgment in an action or a final or interlocutory order in
a special proceeding, finds new facts and a final judgment or a final
order pursuant thereto is entered; but the right to appeal shall not
depend upon the amount involved.

b. Appeals to the court of appeals may be taken in the classes of
cases hereafter enumerated in this section;

In criminal cases, directly from a court of original jurisdiction
where the judgment is of death, and in other criminal cases from an
appellate division or otherwise as the legislature may from time to time
provide.

In civil cases and proceedings as follows:

(1) As of right, from a judgment or order entered upon the decision of
an appellate division of the supreme court which finally determines an
action or special proceeding wherein is directly involved the
construction of the constitution of the state or of the United States,
or where one or more of the justices of the appellate division dissents
from the decision of the court, or where the judgment or order is one of
reversal or modification.

(2) As of right, from a judgment or order of a court of record of
original jurisdiction which finally determines an action or special
proceeding where the only question involved on the appeal is the
validity of a statutory provision of the state or of the United States
under the constitution of the state or of the United States; and on any
such appeal only the constitutional question shall be considered and
determined by the court.

(3) As of right, from an order of the appellate division granting a
new trial in an action or a new hearing in a special proceeding where
the appellant stipulates that, upon affirmance, judgment absolute or
final order shall be rendered against him or her.

(4) From a determination of the appellate division of the supreme
court in any department, other than a judgment or order which finally
determines an action or special proceeding, where the appellate division
allows the same and certifies that one or more questions of law have
arisen which, in its opinion, ought to be reviewed by the court of
appeals, but in such case the appeal shall bring up for review only the
question or questions so certified; and the court of appeals shall
certify to the appellate division its determination upon such question
or questions.

(5) From an order of the appellate division of the supreme court in
any department, in a proceeding instituted by or against one or more
public officers or a board, commission or other body of public officers
or a court or tribunal, other than an order which finally determines
such proceeding, where the court of appeals shall allow the same upon
the ground that, in its opinion, a question of law is involved which
ought to be reviewed by it, and without regard to the availability of
appeal by stipulation for final order absolute.

(6) From a judgment or order entered upon the decision of an appellate
division of the supreme court which finally determines an action or
special proceeding but which is not appealable under paragraph (1) of
this subdivision where the appellate division or the court of appeals
shall certify that in its opinion a question of law is involved which
ought to be reviewed by the court of appeals. Such an appeal may be
allowed upon application (a) to the appellate division, and in case of
refusal, to the court of appeals, or (b) directly to the court of
appeals. Such an appeal shall be allowed when required in the interest
of substantial justice.

(7) No appeal shall be taken to the court of appeals from a judgment
or order entered upon the decision of an appellate division of the
supreme court in any civil case or proceeding where the appeal to the
appellate division was from a judgment or order entered in an appeal
from another court, including an appellate or special term of the
supreme court, unless the construction of the constitution of the state
or of the United States is directly involved therein, or unless the
appellate division of the supreme court shall certify that in its
opinion a question of law is involved which ought to be reviewed by the
court of appeals.

(8) The legislature may abolish an appeal to the court of appeals as
of right in any or all of the cases or classes of cases specified in
paragraph (1) of this subdivision wherein no question involving the
construction of the constitution of the state or of the United States is
directly involved, provided, however, that appeals in any such case or
class of cases shall thereupon be governed by paragraph (6) of this
subdivision.

(9) The court of appeals shall adopt and from time to time may amend a
rule to permit the court to answer questions of New York law certified
to it by the Supreme Court of the United States, a court of appeals of
the United States or an appellate court of last resort of another state,
which may be determinative of the cause then pending in the certifying
court and which in the opinion of the certifying court are not
controlled by precedent in the decisions of the courts of New York.