N.Y. Civil Practice Law & Rules § 5712: Content of order determining appeal

§ 5712. Content of order determining appeal. (a) Dissents. Every order

of the appellate division determining an appeal shall state whether one

or more justices dissent from the determination.

(b) Order of affirmance. Whenever the appellate division, although

affirming a final or interlocutory judgment or order, reverses or

modifies any findings of fact, or makes new findings of fact, its order

shall comply with the requirements of subdivision (c).

(c) Order of reversal or modification. Whenever the appellate division

reverses or modifies or sets aside a determination and thereupon makes a

determination, except when it reinstates a verdict, its order shall

state whether its determination is upon the law, or upon the facts, or

upon the law and the facts:

1. if the determination is stated to be upon the law alone, the order

shall also state whether or not the findings of fact below have been

affirmed; and

2. if the determination is stated to be upon the facts, or upon the

law and the facts, the order shall also specify the findings of fact

which are reversed or modified, and set forth any new findings of fact

made by the appellate division with such particularity as was employed

for the statement of the findings of fact in the court of original

instance; except that the order need not specify the findings of fact

which are reversed or modified nor set forth any new findings of fact if

the appeal is either from a determination by the court without any

statement of the findings of fact or from a judgment entered upon a

general verdict without answers to interrogatories.