N.Y. Criminal Procedure Law § 460.20: Certificate granting leave to appeal to court of appeals

§ 460.20 Certificate granting leave to appeal to court of appeals.

1. A certificate granting leave to appeal to the court of appeals

from an order of an intermediate appellate court is an order of a judge

granting such permission and certifying that the case involves a

question of law which ought to be reviewed by the court of appeals.

2. Such certificate may be issued by the following judges in the

indicated situations:

(a) Where the appeal sought is from an order of the appellate

division, the certificate may be issued by (i) a judge of the court of

appeals or (ii) a justice of the appellate division of the department

which entered the order sought to be appealed.

(b) Where the appeal sought is from an order of an intermediate

appellate court other than the appellate division, the certificate may

be issued only by a judge of the court of appeals.

3. An application for such a certificate must be made in the

following manner:

(a) An application to a justice of the appellate division must be

made upon reasonable notice to the respondent;

(b) An application seeking such a certificate from a judge of the

court of appeals must be made to the chief judge of such court by

submission thereof, either in writing or first orally and then in

writing, to the clerk of the court of appeals. The chief judge must

then designate a judge of such court to determine the application. The

clerk must then notify the respondent of the application and must inform

both parties of such designation.

4. A justice of the appellate division to whom such an application

has been made, or a judge of the court of appeals designated to

determine such an application, may in his discretion determine it upon

such papers as he may request the parties to submit, or upon oral

argument, or upon both.

5. Every judge or justice acting pursuant to this section shall file

with the clerk of the court of appeals, immediately upon issuance, a

copy of every certificate granting or denying leave to appeal.