§ 5703. Appeals to appellate division from appellate courts. (a) From
appellate terms. An appeal may be taken to the appellate division, from
an order of the appellate term which determines an appeal from a
judgment or order of a lower court, by permission of the appellate term
or, in case of refusal, of the appellate division. When permission to
appeal is sought from an order granting or affirming the granting of a
new trial or hearing, the appellant shall stipulate that, upon
affirmance, judgment absolute may be entered against him.

(b) From other appellate courts. An appeal may be taken to the
appellate division as of right from an order of a county court or a
special term of the supreme court which determines an appeal from a
judgment of a lower court.