§ 5701 — Appeals to appellate division from supreme and county courts

New York § 5701

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

Text

§ 5701. Appeals to appellate division from supreme and county courts.\n(a) Appeals as of right. An appeal may be taken to the appellate\ndivision as of right in an action, originating in the supreme court or a\ncounty court:\n 1. from any final or interlocutory judgment except one entered\nsubsequent to an order of the appellate division which disposes of all\nthe issues in the action; or\n 2. from an order not specified in subdivision (b), where the motion it\ndecided was made upon notice and it:\n (i) grants, refuses, continues or modifies a provisional remedy; or\n (ii) settles, grants or refuses an application to resettle a\ntranscript or statement on appeal; or\n (iii) grants or refuses a new trial; except where specific questions\nof fact arising upon the issues in an action triable by the court have\nbeen tried by a jury, pursuant to an order for that purpose, and the\norder grants or refuses a new trial upon the merits; or\n (iv) involves some part of the merits; or\n (v) affects a substantial right; or\n (vi) in effect determines the action and prevents a judgment from\nwhich an appeal might be taken; or\n (vii) determines a statutory provision of the state to be\nunconstitutional, and the determination appears from the reasons given\nfor the decision or is necessarily implied in the decision; or\n (viii) grants a motion for leave to reargue made pursuant to\nsubdivision (d) of rule 2221 or determines a motion for leave to renew\nmade pursuant to subdivision (e) of rule 2221; or\n 3. from an order, where the motion it decided was made upon notice,\nrefusing to vacate or modify a prior order, if the prior order would\nhave been appealable as of right under paragraph two had it decided a\nmotion made upon notice.\n (b) Orders not appealable as of right. An order is not appealable to\nthe appellate division as of right where it:\n 1. is made in a proceeding against a body or officer pursuant to\narticle 78; or\n 2. requires or refuses to require a more definite statement in a\npleading; or\n 3. orders or refuses to order that scandalous or prejudicial matter be\nstricken from a pleading.\n (c) Appeals by permission. An appeal may be taken to the appellate\ndivision from any order which is not appealable as of right in an action\noriginating in the supreme court or a county court by permission of the\njudge who made the order granted before application to a justice of the\nappellate division; or by permission of a justice of the appellate\ndivision in the department to which the appeal could be taken, upon\nrefusal by the judge who made the order or upon direct application.\n