N.Y. Uniform District Court Act § 1702: Appeals; judgments and orders appealable

§ 1702. Appeals; judgments and orders appealable.

(a) Appeals as of right. An appeal may be taken as of right:

1. from any final or interlocutory judgment except one entered

subsequent to an order of an appellate court which disposes of all the

issues in the action; or

2. from an order not specified in subdivision (b), where the motion it

decided was made upon notice and it:

(i) grants, refuses, continues or modifies a provisional remedy; or

(ii) settles, grants or refuses an application to resettle a

transcript or statement on appeal; or

(iii) grants or refuses a new trial; except where specific questions

of fact arising upon the issues in an action triable by the court have

been tried by a jury, pursuant to an order for that purpose, and the

order grants or refuses a new trial upon the merits; or

(iv) involves some part of the merits; or

(v) affects a substantial right; or

(vi) in effect determines the action and prevents a judgment from

which an appeal might be taken; or

(vii) determines a statutory provision of the state to be

unconstitutional, and the determination appears from the reasons given

for the decision or is necessarily implied in the decision; or

3. from an order, where the motion it decided was made upon notice

refusing to vacate or modify a prior order, if the prior order would

have been appealable as of right under paragraph two had it decided a

motion made upon notice.

(b) Orders not appealable as of right. An order is not appealable as

of right where it:

1. requires or refuses to require a more definite statement in a

pleading; or

2. orders or refuses to order that scandalous or prejudicial matter be

stricken from a pleading.

(c) Appeals by permission. An appeal may be taken from any order which

is not appealable as of right by permission of the judge who made the

order granted before application to a judge or justice of the appellate

court; or by permission of a judge or justice of the appellate court

upon refusal by the judge who made the order or upon direct application.

(d) On any appeal taken hereunder the appellate court shall have full

power to review any exercise of discretion by the court or judge below.