N.Y. Civil Practice Law & Rules § 5601: Appeals to the court of appeals as of right

§ 5601. Appeals to the court of appeals as of right. (a) Dissent. An

appeal may be taken to the court of appeals as of right in an action

originating in the supreme court, a county court, a surrogate's court,

the family court, the court of claims or an administrative agency, from

an order of the appellate division which finally determines the action,

where there is a dissent by at least two justices on a question of law

in favor of the party taking such appeal.

(b) Constitutional grounds. An appeal may be taken to the court of

appeals as of right:

1. from an order of the appellate division which finally determines an

action where there is directly involved the construction of the

constitution of the state or of the United States; and

2. from a judgment of a court of record of original instance which

finally determines an action where the only question involved on the

appeal is the validity of a statutory provision of the state or of the

United States under the constitution of the state or of the United

States.

(c) From order granting new trial or hearing, upon stipulation for

judgment absolute. An appeal may be taken to the court of appeals as of

right in an action originating in the supreme court, a county court, a

surrogate's court, the family court, the court of claims or an

administrative agency, from an order of the appellate division granting

or affirming the granting of a new trial or hearing where the appellant

stipulates that, upon affirmance, judgment absolute shall be entered

against him.

(d) Based upon nonfinal determination of appellate division. An appeal

may be taken to the court of appeals as of right from a final judgment

entered in a court of original instance, from a final determination of

an administrative agency or from a final arbitration award, or from an

order of the appellate division which finally determines an appeal from

such a judgment or determination, where the appellate division has made

an order on a prior appeal in the action which necessarily affects the

judgment, determination or award and which satisfies the requirements of

subdivision (a) or of paragraph one of subdivision (b) except that of

finality.