2006 New York Code - Appeals; Judgments And Orders Appealable.

 
    §  1702.  Appeals;  judgments and orders appealable. (a) Appeals as of
  right. An appeal may be taken as of right:
    1. from  any  final  or  interlocutory  judgment  except  one  entered
  subsequent  to  an order of an appellate court which disposes of all the
  issues in the action; or
    2. from an order not specified in subdivision (b), where the motion if
  decided was made upon notice and it:
    (i) grants, refuses, continues or modifies a provisional remedy; or
    (ii)  settles,  grants  or  refuses  an  application  to  resettle   a
  transcript or statement on appeal; or
    (iii)  grants  or refuses a new trial; except where specific questions
  of fact arising upon the issues in an action triable by the  court  have
  been  tried  by  a  jury, pursuant to an order for that purpose, and the
  order grants or refuses a new trial upon the merits; or
    (iv) involves some part of the merits; or
    (v) affects a substantial right; or
    (vi) in effect determines the action  and  prevents  a  judgment  from
  which an appeal might be taken; or
    (vii)   determines   a   statutory   provision  of  the  state  to  be
  unconstitutional, and the determination appears from the  reasons  given
  for the decision or is necessarily implied in the decision; or
    3.  from  an  order, where the motion it decided was made upon notice,
  refusing to vacate or modify a prior order, if  the  prior  order  would
  have  been  appealable  as of right under paragraph two had it decided a
  motion made upon notice.
    (b) Orders not appealable as of right. An order is not  appealable  as
  of right where it:
    1.  requires  or  refuses  to  require  a more definite statement in a
  pleading; or
    2. orders or refuses to order that scandalous or prejudicial matter be
  stricken from a pleading.
    (c) Appeals by permission. An appeal may be taken from any order which
  is not appealable as of right by permission of the judge  who  made  the
  order granted before application to a justice of the appellate court; or
  by  permission  of  a justice of the appellate court upon refusal by the
  judge who made the order or upon direct application.
    (d) On any appeal taken hereunder the appellate court shall have  full
  power to review any exercise of discretion by the court or judge below.