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 it
  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 judge or justice of the  appellate
  court;  or  by  permission  of a judge or 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.