N.Y. CPLR § 5712

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5712 Content of order determining appeal § 5712. Content of order determining appeal. (a) Dissents. Every orderof the appellate division determining an appeal shall state whether oneor more justices dissent from the determination.(b) Order of affirmance. Whenever the appellate division, althoughaffirming a final or interlocutory judgment or order, reverses ormodifies any findings of fact, or makes new findings of fact, its ordershall comply with the requirements of subdivision (c).(c) Order of reversal or modification. Whenever the appellate divisionreverses or modifies or sets aside a determination and thereupon makes adetermination, except when it reinstates a verdict, its order shallstate whether its determination is upon the law, or upon the facts, orupon the law and the facts:1. if the determination is stated to be upon the law alone, the ordershall also state whether or not the findings of fact below have beenaffirmed; and2. if the determination is stated to be upon the facts, or upon thelaw and the facts, the order shall also specify the findings of factwhich are reversed or modified, and set forth any new findings of factmade by the appellate division with such particularity as was employedfor the statement of the findings of fact in the court of originalinstance; except that the order need not specify the findings of factwhich are reversed or modified nor set forth any new findings of fact ifthe appeal is either from a determination by the court without anystatement of the findings of fact or from a judgment entered upon ageneral verdict without answers to interrogatories.