1. The Laws of New York
  2. Consolidated Laws
  3. Civil Practice Law & Rules
  4. Article 55: Appeals Generally


Section 5517 Subsequent orders

Civil Practice Law & Rules (CVP)

(a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by:

  1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is made in the order appealed from; or

  2. the granting of a motion for resettlement of the order appealed from; or

  3. the denial of a motion, based on new or additional facts, for the same or substantially the same relief applied for in the motion on which the order appealed from was made.

  (b) Review of subsequent orders. A court reviewing an order may also review any subsequent order made upon a motion specified in subdivision (a), if the subsequent order is appealable as of right.