N.Y. CPLR § 5602

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5602 Appeals to the court of appeals by permission § 5602. Appeals to the court of appeals by permission. (a) Permissionof appellate division or court of appeals. An appeal may be taken to thecourt of appeals by permission of the appellate division granted beforeapplication to the court of appeals, or by permission of the court ofappeals upon refusal by the appellate division or upon directapplication. Permission by an appellate division for leave to appealshall be pursuant to rules authorized by that appellate division.Permission by the court of appeals for leave to appeal shall be pursuantto rules authorized by the court which shall provide that leave toappeal be granted upon the approval of two judges of the court ofappeals. Such appeal may be taken:1. in an action originating in the supreme court, a county court, asurrogate's court, the family court, the court of claims, anadministrative agency or an arbitration,(i) from an order of the appellate division which finally determinesthe action and which is not appealable as of right, or(ii) from a final judgment of such court, final determination of suchagency or final arbitration award where the appellate division has madean order on a prior appeal in the action which necessarily affects thefinal judgment, determination or award and the final judgment,determination or award is not appealable as of right pursuant tosubdivision (d) of section 5601 of this article; and2. in a proceeding instituted by or against one or more publicofficers or a board, commission or other body of public officers or acourt or tribunal, from an order of the appellate division which doesnot finally determine such proceeding, except that the appellatedivision shall not grant permission to appeal from an order grantingor affirming the order of the appellate division which doesnot finally determine such proceeding, except that the appellatedivision shall not grant permission to appeal from an order grantingor affirming the granting of a new trial or hearing.(b) Permission of appellate division. An appeal may be taken to thecourt of appeals by permission of the appellate division:1. from an order of the appellate division which does not finallydetermine an action, except an order described in paragraph two ofsubdivision (a) or subparagraph (iii) of paragraph two of subdivision(b) of this section or in subdivision (c) of section 5601;2. in an action originating in a court other than the supreme court, acounty court, a surrogate's court, the family court, the court of claimsor an administrative agency.(i) from an order of the appellate division which finally determinesthe action, and which is not appealable as of right pursuant toparagraph one of subdivision (b) of section 5601, or(ii) from a final judgment of such court or a final determination ofsuch agency where the appellate division has made an order on a priorappeal in the action which necessarily affects the final judgment ordetermination and the final judgment or determination is not appealableas of right pursuant to subdivision (d) of section 5601, or(iii) from an order of the appellate division granting or affirmingthe granting of a new trial or hearing where the appellant stipulatesthat, upon affirmance, judgment absolute shall be entered against him.