N.Y. Const. art. VI, § 3: Court of appeals; jurisdiction

§ 3. a. The jurisdiction of the court of appeals shall be limited to

the review of questions of law except where the judgment is of death, or

where the appellate division, on reversing or modifying a final or

interlocutory judgment in an action or a final or interlocutory order in

a special proceeding, finds new facts and a final judgment or a final

order pursuant thereto is entered; but the right to appeal shall not

depend upon the amount involved.

b. Appeals to the court of appeals may be taken in the classes of

cases hereafter enumerated in this section;

In criminal cases, directly from a court of original jurisdiction

where the judgment is of death, and in other criminal cases from an

appellate division or otherwise as the legislature may from time to time

provide.

In civil cases and proceedings as follows:

(1) As of right, from a judgment or order entered upon the decision of

an appellate division of the supreme court which finally determines an

action or special proceeding wherein is directly involved the

construction of the constitution of the state or of the United States,

or where one or more of the justices of the appellate division dissents

from the decision of the court, or where the judgment or order is one of

reversal or modification.

(2) As of right, from a judgment or order of a court of record of

original jurisdiction which finally determines an action or special

proceeding 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; and on any

such appeal only the constitutional question shall be considered and

determined by the court.

(3) As of right, from an order of the appellate division granting a

new trial in an action or a new hearing in a special proceeding where

the appellant stipulates that, upon affirmance, judgment absolute or

final order shall be rendered against him or her.

(4) From a determination of the appellate division of the supreme

court in any department, other than a judgment or order which finally

determines an action or special proceeding, where the appellate division

allows the same and certifies that one or more questions of law have

arisen which, in its opinion, ought to be reviewed by the court of

appeals, but in such case the appeal shall bring up for review only the

question or questions so certified; and the court of appeals shall

certify to the appellate division its determination upon such question

or questions.

(5) From an order of the appellate division of the supreme court in

any department, in a proceeding instituted by or against one or more

public officers or a board, commission or other body of public officers

or a court or tribunal, other than an order which finally determines

such proceeding, where the court of appeals shall allow the same upon

the ground that, in its opinion, a question of law is involved which

ought to be reviewed by it, and without regard to the availability of

appeal by stipulation for final order absolute.

(6) From a judgment or order entered upon the decision of an appellate

division of the supreme court which finally determines an action or

special proceeding but which is not appealable under paragraph (1) of

this subdivision where the appellate division or the court of appeals

shall certify that in its opinion a question of law is involved which

ought to be reviewed by the court of appeals. Such an appeal may be

allowed upon application (a) to the appellate division, and in case of

refusal, to the court of appeals, or (b) directly to the court of

appeals. Such an appeal shall be allowed when required in the interest

of substantial justice.

(7) No appeal shall be taken to the court of appeals from a judgment

or order entered upon the decision of an appellate division of the

supreme court in any civil case or proceeding where the appeal to the

appellate division was from a judgment or order entered in an appeal

from another court, including an appellate or special term of the

supreme court, unless the construction of the constitution of the state

or of the United States is directly involved therein, or unless the

appellate division of the supreme court shall certify that in its

opinion a question of law is involved which ought to be reviewed by the

court of appeals.

(8) The legislature may abolish an appeal to the court of appeals as

of right in any or all of the cases or classes of cases specified in

paragraph (1) of this subdivision wherein no question involving the

construction of the constitution of the state or of the United States is

directly involved, provided, however, that appeals in any such case or

class of cases shall thereupon be governed by paragraph (6) of this

subdivision.

(9) The court of appeals shall adopt and from time to time may amend a

rule to permit the court to answer questions of New York law certified

to it by the Supreme Court of the United States, a court of appeals of

the United States or an appellate court of last resort of another state,

which may be determinative of the cause then pending in the certifying

court and which in the opinion of the certifying court are not

controlled by precedent in the decisions of the courts of New York.