Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5701
Appeals to appellate division from supreme and county courts
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 57
§ 5701. Appeals to appellate division from supreme and county courts.
(a) Appeals as of right. An appeal may be taken to the appellate
division as of right in an action, originating in the supreme court or a
county court:

1. from any final or interlocutory judgment except one entered
subsequent to an order of the appellate division which disposes of all
the issues in the action; or

2. from an order not specified in subdivision (b), where the motion it
decided was made upon notice and it:

(i) grants, refuses, continues or modifies a provisional remedy; or

(ii) settles, grants or refuses an application to resettle a
transcript or statement on appeal; or

(iii) grants or refuses a new trial; except where specific questions
of fact arising upon the issues in an action triable by the court have
been tried by a jury, pursuant to an order for that purpose, and the
order grants or refuses a new trial upon the merits; or

(iv) involves some part of the merits; or

(v) affects a substantial right; or

(vi) in effect determines the action and prevents a judgment from
which an appeal might be taken; or

(vii) determines a statutory provision of the state to be
unconstitutional, and the determination appears from the reasons given
for the decision or is necessarily implied in the decision; or

(viii) grants a motion for leave to reargue made pursuant to
subdivision (d) of rule 2221 or determines a motion for leave to renew
made pursuant to subdivision (e) of rule 2221; or

3. from an order, where the motion it decided was made upon notice,
refusing to vacate or modify a prior order, if the prior order would
have been appealable as of right under paragraph two had it decided a
motion made upon notice.

(b) Orders not appealable as of right. An order is not appealable to
the appellate division as of right where it:

1. is made in a proceeding against a body or officer pursuant to
article 78; or

2. requires or refuses to require a more definite statement in a
pleading; or

3. orders or refuses to order that scandalous or prejudicial matter be
stricken from a pleading.

(c) Appeals by permission. An appeal may be taken to the appellate
division from any order which is not appealable as of right in an action
originating in the supreme court or a county court by permission of the
judge who made the order granted before application to a justice of the
appellate division; or by permission of a justice of the appellate
division in the department to which the appeal could be taken, upon
refusal by the judge who made the order or upon direct application.