N.Y. CPLR § 5601

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5601 Appeals to the court of appeals as of right § 5601. Appeals to the court of appeals as of right. (a) Dissent. Anappeal may be taken to the court of appeals as of right in an actionoriginating in the supreme court, a county court, a surrogate's court,the family court, the court of claims or an administrative agency, froman order of the appellate division which finally determines the action,where there is a dissent by at least two justices on a question of lawin favor of the party taking such appeal.(b) Constitutional grounds. An appeal may be taken to the court ofappeals as of right:1. from an order of the appellate division which finally determines anaction where there is directly involved the construction of theconstitution of the state or of the United States; and2. from a judgment of a court of record of original instance whichfinally determines an action where the only question involved on theappeal is the validity of a statutory provision of the state or of theUnited States under the constitution of the state or of the UnitedStates.(c) From order granting new trial or hearing, upon stipulation forjudgment absolute. An appeal may be taken to the court of appeals as ofright in an action originating in the supreme court, a county court, asurrogate's court, the family court, the court of claims or anadministrative agency, from an order of the appellate division grantingor affirming the granting of a new trial or hearing where the appellantstipulates that, upon affirmance, judgment absolute shall be enteredagainst him.(d) Based upon nonfinal determination of appellate division. An appealmay be taken to the court of appeals as of right from a final judgmententered in a court of original instance, from a final determination ofan administrative agency or f e division. An appealmay be taken to the court of appeals as of right from a final judgmententered in a court of original instance, from a final determination ofan administrative agency or from a final arbitration award, or from anorder of the appellate division which finally determines an appeal fromsuch a judgment or determination, where the appellate division has madean order on a prior appeal in the action which necessarily affects thejudgment, determination or award and which satisfies the requirements ofsubdivision (a) or of paragraph one of subdivision (b) except that offinality.