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This entry was published on 2014-09-22
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SECTION 5712
Content of order determining appeal
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 57
§ 5712. Content of order determining appeal. (a) Dissents. Every order
of the appellate division determining an appeal shall state whether one
or more justices dissent from the determination.

(b) Order of affirmance. Whenever the appellate division, although
affirming a final or interlocutory judgment or order, reverses or
modifies any findings of fact, or makes new findings of fact, its order
shall comply with the requirements of subdivision (c).

(c) Order of reversal or modification. Whenever the appellate division
reverses or modifies or sets aside a determination and thereupon makes a
determination, except when it reinstates a verdict, its order shall
state whether its determination is upon the law, or upon the facts, or
upon the law and the facts:

1. if the determination is stated to be upon the law alone, the order
shall also state whether or not the findings of fact below have been
affirmed; and

2. if the determination is stated to be upon the facts, or upon the
law and the facts, the order shall also specify the findings of fact
which are reversed or modified, and set forth any new findings of fact
made by the appellate division with such particularity as was employed
for the statement of the findings of fact in the court of original
instance; except that the order need not specify the findings of fact
which are reversed or modified nor set forth any new findings of fact if
the appeal is either from a determination by the court without any
statement of the findings of fact or from a judgment entered upon a
general verdict without answers to interrogatories.