This text of New York § 1702 (Appeals; judgments and orders appealable) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1702. Appeals; judgments and orders appealable.\n (a) Appeals as of right. An appeal may be taken as of right:\n 1. from any final or interlocutory judgment except one entered\nsubsequent to an order of an appellate court which disposes of all the\nissues 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 refus
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§ 1702. Appeals; judgments and orders appealable.\n (a) Appeals as of right. An appeal may be taken as of right:\n 1. from any final or interlocutory judgment except one entered\nsubsequent to an order of an appellate court which disposes of all the\nissues 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 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 as\nof right where it:\n 1. requires or refuses to require a more definite statement in a\npleading; or\n 2. 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 from any order which\nis not appealable as of right by permission of the judge who made the\norder granted before application to a judge or justice of the appellate\ncourt; or by permission of a judge or justice of the appellate court\nupon refusal by the judge who made the order or upon direct application.\n (d) On any appeal taken hereunder the appellate court shall have full\npower to review any exercise of discretion by the court or judge below.\n