New York § 5601 Appeals to the court of appeals as of right

New York Statutes

§ 5601 — Appeals to the court of appeals as of right

New York § 5601

Law CVPCivil Practice Law & Rules

Art. 56Appeals to the Court of Appeals

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N.Y. Civil Practice Law & Rules § 5601 (2026).

Text

§ 5601. Appeals to the court of appeals as of right.

(a)Dissent. An\nappeal may be taken to the court of appeals as of right in an action\noriginating in the supreme court, a county court, a surrogate's court,\nthe family court, the court of claims or an administrative agency, from\nan order of the appellate division which finally determines the action,\nwhere there is a dissent by at least two justices on a question of law\nin favor of the party taking such appeal.\n (b) Constitutional grounds. An appeal may be taken to the court of\nappeals as of right:\n 1. from an order of the appellate division which finally determines an\naction where there is directly involved the construction of the\nconstitution of the state or of the United States; and\n 2. from a judgment of a court of rec

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§ 5601. Appeals to the court of appeals as of right. (a) Dissent. An\nappeal may be taken to the court of appeals as of right in an action\noriginating in the supreme court, a county court, a surrogate's court,\nthe family court, the court of claims or an administrative agency, from\nan order of the appellate division which finally determines the action,\nwhere there is a dissent by at least two justices on a question of law\nin favor of the party taking such appeal.\n (b) Constitutional grounds. An appeal may be taken to the court of\nappeals as of right:\n 1. from an order of the appellate division which finally determines an\naction where there is directly involved the construction of the\nconstitution of the state or of the United States; and\n 2. from a judgment of a court of record of original instance which\nfinally determines an action where the only question involved on the\nappeal is the validity of a statutory provision of the state or of the\nUnited States under the constitution of the state or of the United\nStates.\n (c) From order granting new trial or hearing, upon stipulation for\njudgment absolute. An appeal may be taken to the court of appeals as of\nright in an action originating in the supreme court, a county court, a\nsurrogate's court, the family court, the court of claims or an\nadministrative agency, from an order of the appellate division granting\nor affirming the granting of a new trial or hearing where the appellant\nstipulates that, upon affirmance, judgment absolute shall be entered\nagainst him.\n (d) Based upon nonfinal determination of appellate division. An appeal\nmay be taken to the court of appeals as of right from a final judgment\nentered in a court of original instance, from a final determination of\nan administrative agency or from a final arbitration award, or from an\norder of the appellate division which finally determines an appeal from\nsuch a judgment or determination, where the appellate division has made\nan order on a prior appeal in the action which necessarily affects the\njudgment, determination or award and which satisfies the requirements of\nsubdivision (a) or of paragraph one of subdivision (b) except that of\nfinality.\n