N.Y. Civil Practice Law & Rules § 5611: When appellate division order deemed final

§ 5611. When appellate division order deemed final. If the appellate

division disposes of all the issues in the action its order shall be

considered a final one, and a subsequent appeal may be taken only from

that order and not from any judgment or order entered pursuant to it. If

the aggrieved party is granted leave to replead or to perform some other

act which would defeat the finality of the order, it shall not take

effect as a final order until the expiration of the time limited for

such act without his having performed it.