N.Y. Surrogate's Court Procedure Act § 2701: Appeal; general applicability of CPLR

§ 2701. Appeal; general applicability of CPLR.

1. Except as otherwise provided in this act either expressly or by

necessary implication all of those provisions of the CPLR which govern

appeals generally, CPLR article 55, and appeals to the appellate

division from judgments and orders of the supreme court, CPLR article

57, and such other CPLR provisions as are relevant in conjunction with

such appeals shall be applicable to appeals from decrees and orders of

this court. For such purpose the following terms as used in the CPLR

shall have the meanings ascribed:

(a) "Action" shall mean "proceeding";

(b) "Judgment" shall mean "decree";

(c) "Plaintiff" shall mean "petitioner" or "applicant"; and

(d) "Defendant" shall mean "respondent".

2. In the event a verdict was not returned an appeal may be taken from

an order denying a motion for the direction of judgment.