N.Y. Civil Practice Law & Rules § 5703: Appeals to appellate division from appellate courts

§ 5703. Appeals to appellate division from appellate courts. (a) From

appellate terms. An appeal may be taken to the appellate division, from

an order of the appellate term which determines an appeal from a

judgment or order of a lower court, by permission of the appellate term

or, in case of refusal, of the appellate division. When permission to

appeal is sought from an order granting or affirming the granting of a

new trial or hearing, the appellant shall stipulate that, upon

affirmance, judgment absolute may be entered against him.

(b) From other appellate courts. An appeal may be taken to the

appellate division as of right from an order of a county court or a

special term of the supreme court which determines an appeal from a

judgment of a lower court.