§ 5712 — Content of order determining appeal

New York § 5712

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 57: Appeals to the Appellate Division

Text

§ 5712. Content of order determining appeal. (a) Dissents. Every order\nof the appellate division determining an appeal shall state whether one\nor more justices dissent from the determination.\n (b) Order of affirmance. Whenever the appellate division, although\naffirming a final or interlocutory judgment or order, reverses or\nmodifies any findings of fact, or makes new findings of fact, its order\nshall comply with the requirements of subdivision (c).\n (c) Order of reversal or modification. Whenever the appellate division\nreverses or modifies or sets aside a determination and thereupon makes a\ndetermination, except when it reinstates a verdict, its order shall\nstate whether its determination is upon the law, or upon the facts, or\nupon the law and the facts:\n 1. if the determination is stated to be upon the law alone, the order\nshall also state whether or not the findings of fact below have been\naffirmed; and\n 2. if the determination is stated to be upon the facts, or upon the\nlaw and the facts, the order shall also specify the findings of fact\nwhich are reversed or modified, and set forth any new findings of fact\nmade by the appellate division with such particularity as was employed\nfor the statement of the findings of fact in the court of original\ninstance; except that the order need not specify the findings of fact\nwhich are reversed or modified nor set forth any new findings of fact if\nthe appeal is either from a determination by the court without any\nstatement of the findings of fact or from a judgment entered upon a\ngeneral verdict without answers to interrogatories.\n