2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 56 - (5601 - 5615) APPEALS TO THE COURT OF APPEALS
5601 - Appeals to the court of appeals as of right.


NY CPLR § 5601 (2012) What's This?
 
    §  5601.  Appeals to the court of appeals as of right. (a) Dissent. An
  appeal may be taken to the court of appeals as of  right  in  an  action
  originating  in  the supreme court, a county court, a surrogate's court,
  the family court, the court of claims or an administrative agency,  from
  an  order of the appellate division which finally determines the action,
  where there is a dissent by at least two justices on a question  of  law
  in favor of the party taking such appeal.
    (b)  Constitutional  grounds.  An  appeal may be taken to the court of
  appeals as of right:
    1. from an order of the appellate division which finally determines an
  action  where  there  is  directly  involved  the  construction  of  the
  constitution of the state or of the United States; and
    2.  from  a  judgment  of a court of record of original instance which
  finally determines an action where the only  question  involved  on  the
  appeal  is  the validity of a statutory provision of the state or of the
  United States under the constitution of  the  state  or  of  the  United
  States.
    (c)  From  order  granting  new trial or hearing, upon stipulation for
  judgment absolute. An appeal may be taken to the court of appeals as  of
  right  in  an action originating in the supreme court, a county court, a
  surrogate's  court,  the  family  court,  the  court  of  claims  or  an
  administrative  agency, from an order of the appellate division granting
  or affirming the granting of a new trial or hearing where the  appellant
  stipulates  that,  upon  affirmance,  judgment absolute shall be entered
  against him.
    (d) Based upon nonfinal determination of appellate division. An appeal
  may be taken to the court of appeals as of right from a  final  judgment
  entered  in  a court of original instance, from a final determination of
  an administrative agency or from a final arbitration award, or  from  an
  order  of the appellate division which finally determines an appeal from
  such a judgment or determination, where the appellate division has  made
  an  order  on a prior appeal in the action which necessarily affects the
  judgment, determination or award and which satisfies the requirements of
  subdivision (a) or of paragraph one of subdivision (b)  except  that  of
  finality.

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