{"data":{"id":"us-ny/n.y.-const.-art.-vi-3","jurisdiction":"us-ny","citation":"N.Y. Const. art. VI, § 3","heading":"Court of appeals; jurisdiction","body":"§ 3. a. The jurisdiction of the court of appeals shall be limited to\nthe review of questions of law except where the judgment is of death, or\nwhere the appellate division, on reversing or modifying a final or\ninterlocutory judgment in an action or a final or interlocutory order in\na special proceeding, finds new facts and a final judgment or a final\norder pursuant thereto is entered; but the right to appeal shall not\ndepend upon the amount involved.\n  b. Appeals to the court of appeals may be taken in the classes of\ncases hereafter enumerated in this section;\n  In criminal cases, directly from a court of original jurisdiction\nwhere the judgment is of death, and in other criminal cases from an\nappellate division or otherwise as the legislature may from time to time\nprovide.\n  In civil cases and proceedings as follows:\n  (1) As of right, from a judgment or order entered upon the decision of\nan appellate division of the supreme court which finally determines an\naction or special proceeding wherein is directly involved the\nconstruction of the constitution of the state or of the United States,\nor where one or more of the justices of the appellate division dissents\nfrom the decision of the court, or where the judgment or order is one of\nreversal or modification.\n  (2) As of right, from a judgment or order of a court of record of\noriginal jurisdiction which finally determines an action or special\nproceeding where the only question involved on the appeal is the\nvalidity of a statutory provision of the state or of the United States\nunder the constitution of the state or of the United States; and on any\nsuch appeal only the constitutional question shall be considered and\ndetermined by the court.\n  (3) As of right, from an order of the appellate division granting a\nnew trial in an action or a new hearing in a special proceeding where\nthe appellant stipulates that, upon affirmance, judgment absolute or\nfinal order shall be rendered against him or her.\n  (4) From a determination of the appellate division of the supreme\ncourt in any department, other than a judgment or order which finally\ndetermines an action or special proceeding, where the appellate division\nallows the same and certifies that one or more questions of law have\narisen which, in its opinion, ought to be reviewed by the court of\nappeals, but in such case the appeal shall bring up for review only the\nquestion or questions so certified; and the court of appeals shall\ncertify to the appellate division its determination upon such question\nor questions.\n  (5) From an order of the appellate division of the supreme court in\nany department, in a proceeding instituted by or against one or more\npublic officers or a board, commission or other body of public officers\nor a court or tribunal, other than an order which finally determines\nsuch proceeding, where the court of appeals shall allow the same upon\nthe ground that, in its opinion, a question of law is involved which\nought to be reviewed by it, and without regard to the availability of\nappeal by stipulation for final order absolute.\n  (6) From a judgment or order entered upon the decision of an appellate\ndivision of the supreme court which finally determines an action or\nspecial proceeding but which is not appealable under paragraph (1) of\nthis subdivision where the appellate division or the court of appeals\nshall certify that in its opinion a question of law is involved which\nought to be reviewed by the court of appeals. Such an appeal may be\nallowed upon application (a) to the appellate division, and in case of\nrefusal, to the court of appeals, or (b) directly to the court of\nappeals. Such an appeal shall be allowed when required in the interest\nof substantial justice.\n  (7) No appeal shall be taken to the court of appeals from a judgment\nor order entered upon the decision of an appellate division of the\nsupreme court in any civil case or proceeding where the appeal to the\nappellate division was from a judgment or order entered in an appeal\nfrom another court, including an appellate or special term of the\nsupreme court, unless the construction of the constitution of the state\nor of the United States is directly involved therein, or unless the\nappellate division of the supreme court shall certify that in its\nopinion a question of law is involved which ought to be reviewed by the\ncourt of appeals.\n  (8) The legislature may abolish an appeal to the court of appeals as\nof right in any or all of the cases or classes of cases specified in\nparagraph (1) of this subdivision wherein no question involving the\nconstruction of the constitution of the state or of the United States is\ndirectly involved, provided, however, that appeals in any such case or\nclass of cases shall thereupon be governed by paragraph (6) of this\nsubdivision.\n  (9) The court of appeals shall adopt and from time to time may amend a\nrule to permit the court to answer questions of New York law certified\nto it by the Supreme Court of the United States, a court of appeals of\nthe United States or an appellate court of last resort of another state,\nwhich may be determinative of the cause then pending in the certifying\ncourt and which in the opinion of the certifying court are not\ncontrolled by precedent in the decisions of the courts of New York.","path":["Constitution","Article VI. Judiciary"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CNS/A6S3","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"09ffd7e7ae19cd74bf358493af07f5aad23e7f998c555f8d0873c38005f1696a","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-const.-art.-vi-2","next":"us-ny/n.y.-const.-art.-vi-4"},"notice":"GroundRules: Original legal text. Not legal advice."}