2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 57 - (5701 - 5713) APPEALS TO THE APPELLATE DIVISION
5712 - Content of order determining appeal.

 
    § 5712. Content of order determining appeal. (a) Dissents. Every order
  of  the appellate division determining an appeal shall state whether one
  or more justices dissent from the determination.
    (b) Order of affirmance. Whenever  the  appellate  division,  although
  affirming  a  final  or  interlocutory  judgment  or  order, reverses or
  modifies any findings of fact, or makes new findings of fact, its  order
  shall comply with the requirements of subdivision (c).
    (c) Order of reversal or modification. Whenever the appellate division
  reverses or modifies or sets aside a determination and thereupon makes a
  determination,  except  when  it  reinstates  a verdict, its order shall
  state whether its determination is upon the law, or upon the  facts,  or
  upon the law and the facts:
    1.  if the determination is stated to be upon the law alone, the order
  shall also state whether or not the findings of  fact  below  have  been
  affirmed; and
    2.  if  the  determination is stated to be upon the facts, or upon the
  law and the facts, the order shall also specify  the  findings  of  fact
  which  are  reversed or modified, and set forth any new findings of fact
  made by the appellate division with such particularity as  was  employed
  for  the  statement  of  the  findings  of fact in the court of original
  instance; except that the order need not specify the  findings  of  fact
  which are reversed or modified nor set forth any new findings of fact if
  the  appeal  is  either  from  a  determination by the court without any
  statement of the findings of fact or from  a  judgment  entered  upon  a
  general verdict without answers to interrogatories.