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This entry was published on 2014-09-22
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SECTION 5612
Presumptions as to determinations of questions of fact
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 56
§ 5612. Presumptions as to determinations of questions of fact. (a)
Appeal from reversal or modification. On an appeal from an order of the
appellate division reversing, modifying or setting aside a determination
and rendering a final or interlocutory determination, except when it
reinstates a verdict, the court of appeals shall presume that questions
of fact as to which no findings are made in the order or opinion of the
appellate division were not considered by it, where such findings are
required to be made by paragraph two of subdivision (b) of rule 5712.

(b) Appeal on certified questions of law. On an appeal on certified
questions of law, the court of appeals shall presume that questions of
fact as to which no findings are made in the order granting permission
to appeal or in the order appealed from or in the opinion of the
appellate division were determined in favor of the party who is
respondent in the court of appeals.