N.Y. CPLR § 5701

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5701 Appeals to appellate division from supreme and county courts.(a) Appeals as of right § 5701. Appeals to appellate division from supreme and county courts.(a) Appeals as of right. An appeal may be taken to the appellatedivision as of right in an action, originating in the supreme court or acounty court:1. from any final or interlocutory judgment except one enteredsubsequent to an order of the appellate division which disposes of allthe issues in the action; or2. from an order not specified in subdivision (b), where the motion itdecided 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 atranscript or statement on appeal; or(iii) grants or refuses a new trial; except where specific questionsof fact arising upon the issues in an action triable by the court havebeen tried by a jury, pursuant to an order for that purpose, and theorder 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 fromwhich an appeal might be taken; or(vii) determines a statutory provision of the state to beunconstitutional, and the determination appears from the reasons givenfor the decision or is necessarily implied in the decision; or(viii) grants a motion for leave to reargue made pursuant tosubdivision (d) of rule 2221 or determines a motion for leave to renewmade pursuant to subdivision (e) of rule 2221; or3. from an order, where the motion it decided was made upon notice,refusing to vacate or modify a prior order, if the prior order wouldhave been appealable as of right under paragraph two had it decided amotion made upon notice.(b) Orders not app pon notice,refusing to vacate or modify a prior order, if the prior order wouldhave been appealable as of right under paragraph two had it decided amotion made upon notice.(b) Orders not appealable as of right. An order is not appealable tothe appellate division as of right where it:1. is made in a proceeding against a body or officer pursuant toarticle 78; or2. requires or refuses to require a more definite statement in apleading; or3. orders or refuses to order that scandalous or prejudicial matter bestricken from a pleading.(c) Appeals by permission. An appeal may be taken to the appellatedivision from any order which is not appealable as of right in an actionoriginating in the supreme court or a county court by permission of thejudge who made the order granted before application to a justice of theappellate division; or by permission of a justice of the appellatedivision in the department to which the appeal could be taken, uponrefusal by the judge who made the order or upon direct application.