2006 New York Code - Court of appeals; jurisdiction.

 
    §  3.  a. The jurisdiction of the court of appeals shall be limited to
  the review of questions of law except where the judgment is of death, or
  where the appellate division, on  reversing  or  modifying  a  final  or
  interlocutory judgment in an action or a final or interlocutory order in
  a  special  proceeding,  finds new facts and a final judgment or a final
  order pursuant thereto is entered; but the right  to  appeal  shall  not
  depend upon the amount involved.
    b.  Appeals  to  the  court  of appeals may be taken in the classes of
  cases hereafter enumerated in this section;
    In criminal cases, directly from  a  court  of  original  jurisdiction
  where  the  judgment  is  of  death, and in other criminal cases from an
  appellate division or otherwise as the legislature may from time to time
  provide.
    In civil cases and proceedings as follows:
    (1) As of right, from a judgment or order entered upon the decision of
  an appellate division of the supreme court which finally  determines  an
  action   or   special   proceeding  wherein  is  directly  involved  the
  construction of the constitution of the state or of the  United  States,
  or  where one or more of the justices of the appellate division dissents
  from the decision of the court, or where the judgment or order is one of
  reversal or modification.
    (2) As of right, from a judgment or order of  a  court  of  record  of
  original  jurisdiction  which  finally  determines  an action or special
  proceeding 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; and on  any
  such  appeal  only  the  constitutional question shall be considered and
  determined by the court.
    (3) As of right, from an order of the appellate  division  granting  a
  new  trial  in  an action or a new hearing in a special proceeding where
  the appellant stipulates that, upon  affirmance,  judgment  absolute  or
  final order shall be rendered against him or her.
    (4)  From  a  determination  of  the appellate division of the supreme
  court in any department, other than a judgment or  order  which  finally
  determines an action or special proceeding, where the appellate division
  allows  the  same  and  certifies that one or more questions of law have
  arisen which, in its opinion, ought to  be  reviewed  by  the  court  of
  appeals,  but in such case the appeal shall bring up for review only the
  question or questions so certified;  and  the  court  of  appeals  shall
  certify  to  the appellate division its determination upon such question
  or questions.
    (5) From an order of the appellate division of the  supreme  court  in
  any  department,  in  a  proceeding instituted by or against one or more
  public officers or a board, commission or other body of public  officers
  or  a  court  or  tribunal, other than an order which finally determines
  such proceeding, where the court of appeals shall allow  the  same  upon
  the  ground  that,  in  its opinion, a question of law is involved which
  ought to be reviewed by it, and without regard to  the  availability  of
  appeal by stipulation for final order absolute.
    (6) From a judgment or order entered upon the decision of an appellate
  division  of  the  supreme  court  which finally determines an action or
  special proceeding but which is not appealable under  paragraph  (1)  of
  this  subdivision  where  the appellate division or the court of appeals
  shall certify that in its opinion a question of law  is  involved  which
  ought  to  be  reviewed  by  the court of appeals. Such an appeal may be
  allowed upon application (a) to the appellate division, and in  case  of
  refusal,  to  the  court  of  appeals,  or  (b) directly to the court of


  appeals. Such an appeal shall be allowed when required in  the  interest
  of substantial justice.
    (7)  No  appeal shall be taken to the court of appeals from a judgment
  or order entered upon the decision  of  an  appellate  division  of  the
  supreme  court  in  any civil case or proceeding where the appeal to the
  appellate division was from a judgment or order  entered  in  an  appeal
  from  another  court,  including  an  appellate  or  special term of the
  supreme court, unless the construction of the constitution of the  state
  or  of  the  United  States  is directly involved therein, or unless the
  appellate division of the  supreme  court  shall  certify  that  in  its
  opinion  a question of law is involved which ought to be reviewed by the
  court of appeals.
    (8) The legislature may abolish an appeal to the court of  appeals  as
  of  right  in  any  or all of the cases or classes of cases specified in
  paragraph (1) of this subdivision  wherein  no  question  involving  the
  construction of the constitution of the state or of the United States is
  directly  involved,  provided, however, that appeals in any such case or
  class of cases shall thereupon be governed  by  paragraph  (6)  of  this
  subdivision.
    (9) The court of appeals shall adopt and from time to time may amend a
  rule  to  permit the court to answer questions of New York law certified
  to it by the Supreme Court of the United States, a court of  appeals  of
  the United States or an appellate court of last resort of another state,
  which  may  be determinative of the cause then pending in the certifying
  court and  which  in  the  opinion  of  the  certifying  court  are  not
  controlled by precedent in the decisions of the courts of New York.