2006 New York Code - Certificate Granting Leave To Appeal To Court Of Appeals.

 
  § 460.20  Certificate granting leave to appeal to court of appeals.
    1.    A  certificate  granting leave to appeal to the court of appeals
  from an order of an intermediate appellate court is an order of a  judge
  granting  such  permission  and  certifying  that  the  case  involves a
  question of law which ought to be reviewed by the court of appeals.
    2.  Such certificate may be issued by  the  following  judges  in  the
  indicated situations:
    (a)    Where  the  appeal  sought  is  from  an order of the appellate
  division, the certificate may be issued by (i) a judge of the  court  of
  appeals  or  (ii)  a justice of the appellate division of the department
  which entered the order sought to be appealed.
    (b)   Where the appeal sought is from  an  order  of  an  intermediate
  appellate  court  other than the appellate division, the certificate may
  be issued only by a judge of the court of appeals.
    3.   An application for  such  a  certificate  must  be  made  in  the
  following manner:
    (a)    An  application  to a justice of the appellate division must be
  made upon reasonable notice to the respondent;
    (b)  An application seeking such a certificate from  a  judge  of  the
  court  of  appeals  must  be  made  to  the chief judge of such court by
  submission thereof, either in  writing  or  first  orally  and  then  in
  writing,  to  the  clerk  of the court of appeals.  The chief judge must
  then designate a judge of such court to determine the application.   The
  clerk must then notify the respondent of the application and must inform
  both parties of such designation.
    4.    A  justice of the appellate division to whom such an application
  has been made, or  a  judge  of  the  court  of  appeals  designated  to
  determine  such  an application, may in his discretion determine it upon
  such papers as he may request  the  parties  to  submit,  or  upon  oral
  argument, or upon both.
    5.   Every judge or justice acting pursuant to this section shall file
  with the clerk of the court of appeals,  immediately  upon  issuance,  a
  copy of every certificate granting or denying leave to appeal.