N.Y. Civil Practice Law & Rules § 5517: Subsequent orders

§ 5517. Subsequent orders. (a) Appeal not affected by certain

subsequent orders. An appeal shall not be affected by:

1. the granting of a motion for reargument or the granting of an order

upon reargument making the same or substantially the same determination

as is made in the order appealed from; or

2. the granting of a motion for resettlement of the order appealed

from; or

3. the denial of a motion, based on new or additional facts, for the

same or substantially the same relief applied for in the motion on which

the order appealed from was made.

(b) Review of subsequent orders. A court reviewing an order may also

review any subsequent order made upon a motion specified in subdivision

(a), if the subsequent order is appealable as of right.