§ 5602 — Appeals to the court of appeals by permission

New York § 5602

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 56: Appeals to the Court of Appeals

Text

§ 5602. Appeals to the court of appeals by permission. (a) Permission\nof appellate division or court of appeals. An appeal may be taken to the\ncourt of appeals by permission of the appellate division granted before\napplication to the court of appeals, or by permission of the court of\nappeals upon refusal by the appellate division or upon direct\napplication. Permission by an appellate division for leave to appeal\nshall be pursuant to rules authorized by that appellate division.\nPermission by the court of appeals for leave to appeal shall be pursuant\nto rules authorized by the court which shall provide that leave to\nappeal be granted upon the approval of two judges of the court of\nappeals. Such appeal may be taken:\n 1. in an action originating in the supreme court, a county court, a\nsurrogate's court, the family court, the court of claims, an\nadministrative agency or an arbitration,\n (i) from an order of the appellate division which finally determines\nthe action and which is not appealable as of right, or\n (ii) from a final judgment of such court, final determination of such\nagency or final arbitration award where the appellate division has made\nan order on a prior appeal in the action which necessarily affects the\nfinal judgment, determination or award and the final judgment,\ndetermination or award is not appealable as of right pursuant to\nsubdivision (d) of section 5601 of this article; and\n 2. in a proceeding instituted by or against one or more public\nofficers or a board, commission or other body of public officers or a\ncourt or tribunal, from an order of the appellate division which does\nnot finally determine such proceeding, except that the appellate\ndivision shall not grant permission to appeal from an order granting or\naffirming the granting of a new trial or hearing.\n (b) Permission of appellate division. An appeal may be taken to the\ncourt of appeals by permission of the appellate division:\n 1. from an order of the appellate division which does not finally\ndetermine an action, except an order described in paragraph two of\nsubdivision (a) or subparagraph (iii) of paragraph two of subdivision\n(b) of this section or in subdivision (c) of section 5601;\n 2. in an action originating in a court other than the supreme court, a\ncounty court, a surrogate's court, the family court, the court of claims\nor an administrative agency.\n (i) from an order of the appellate division which finally determines\nthe action, and which is not appealable as of right pursuant to\nparagraph one of subdivision (b) of section 5601, or\n (ii) from a final judgment of such court or a final determination of\nsuch agency where the appellate division has made an order on a prior\nappeal in the action which necessarily affects the final judgment or\ndetermination and the final judgment or determination is not appealable\nas of right pursuant to subdivision (d) of section 5601, or\n (iii) from an order of the appellate division granting or affirming\nthe granting of a new trial or hearing where the appellant stipulates\nthat, upon affirmance, judgment absolute shall be entered against him.\n