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This entry was published on 2014-09-22
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Appeal; general applicability of CPLR
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 27
§ 2701. Appeal; general applicability of CPLR.

1. Except as otherwise provided in this act either expressly or by
necessary implication all of those provisions of the CPLR which govern
appeals generally, CPLR article 55, and appeals to the appellate
division from judgments and orders of the supreme court, CPLR article
57, and such other CPLR provisions as are relevant in conjunction with
such appeals shall be applicable to appeals from decrees and orders of
this court. For such purpose the following terms as used in the CPLR
shall have the meanings ascribed:

(a) "Action" shall mean "proceeding";

(b) "Judgment" shall mean "decree";

(c) "Plaintiff" shall mean "petitioner" or "applicant"; and

(d) "Defendant" shall mean "respondent".

2. In the event a verdict was not returned an appeal may be taken from
an order denying a motion for the direction of judgment.