N.Y. Const. art. VI, § 5: Appeals from judgment or order; power of appellate court; transfer of appeals taken to unauthorized appellate court

§ 5. a. Upon an appeal from a judgment or an order, any appellate

court to which the appeal is taken which is authorized to review such

judgment or order may reverse or affirm, wholly or in part, or may

modify the judgment or order appealed from, and each interlocutory

judgment or intermediate or other order which it is authorized to

review, and as to any or all of the parties. It shall thereupon render

judgment of affirmance, judgment of reversal and final judgment upon the

right of any or all of the parties, or judgment of modification thereon

according to law, except where it may be necessary or proper to grant a

new trial or hearing, when it may grant a new trial or hearing.

b. If any appeal is taken to an appellate court which is not

authorized to review such judgment or order, the court shall transfer

the appeal to an appellate court which is authorized to review such

judgment or order.