reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5402 - Filing and Status of Foreign Judgments.

§  5402. Filing and status of foreign judgments. (a) Filing. A copy of
any foreign judgment authenticated in accordance with an act of congress
or the statutes of this state may be filed within  ninety  days  of  the
date  of  authentication in the office of any county clerk of the state.
The judgment creditor shall file with the judgment an affidavit  stating
that  the  judgment  was  not  obtained  by  default in appearance or by
confession of judgment, that it is unsatisfied in whole or in part,  the
amount  remaining  unpaid, and that its enforcement has not been stayed,
and setting forth the name  and  last  known  address  of  the  judgment
debtor.
(b)  Status  of  foreign  judgments. The clerk shall treat the foreign
judgment in the same manner as a judgment of the supreme court  of  this
state.  A  judgment  so  filed has the same effect and is subject to the
same procedures, defenses and proceedings for  reopening,  vacating,  or
staying  as  a  judgment  of  the supreme court of this state and may be
enforced or satisfied in like manner.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5403 - Notice of Filing.

§  5403.  Notice  of  filing.  Within  thirty days after filing of the
  judgment and the affidavit, the judgment creditor shall mail  notice  of
  filing  of the foreign judgment to the judgment debtor at his last known
  address. The proceeds of an execution shall not be  distributed  to  the
  judgment  creditor  earlier  than  thirty  days after filing of proof of
  service.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5404 - Stay.

§ 5404. Stay. (a) Based upon security in foreign jurisdiction.  If the
judgment  debtor shows the supreme court that an appeal from the foreign
judgment is pending or will be taken, or that a stay  of  execution  has
been  granted,  the court shall stay enforcement of the foreign judgment
until the appeal is concluded, the time for appeal expires, or the  stay
of  execution expires or is vacated, upon proof that the judgment debtor
has furnished the security for the satisfaction of the judgment required
by the state in which it was rendered.
(b) Based upon other grounds. If the judgment debtor shows the supreme
court any ground upon which enforcement of a  judgment  of  the  supreme
court of this state would be stayed, the court shall stay enforcement of
the  foreign judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment  which  is  required  in  this
state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5405 - Fees.

§  5405.  Fees.  When  a  foreign  judgment  is filed pursuant to this
  article, an index number  shall  be  assigned  in  accordance  with  the
  provisions  of  subdivision  (a) of section 8018 and the fee shall be as
  prescribed therein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5406 - Optional Procedure.

§  5406.  Optional  procedure.  The  right  of  a judgment creditor to
  proceed by an action on the judgment or a motion for summary judgment in
  lieu of complaint, instead of proceeding  under  this  article,  remains
  unimpaired.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article › 5407 - Uniformity of Interpretation.

§  5407.  Uniformity  of  interpretation.  This  article  shall  be so
  construed as to effectuate its general purpose to make uniform  the  law
  of those states which enact these provisions.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5511 - Permissible Appellant and Respondent.

§ 5511. Permissible appellant and respondent.  An aggrieved party or a
  person  substituted  for  him may appeal from any appealable judgment or
  order except one entered upon the default of  the  aggrieved  party.  He
  shall  be  designated  as  the  appellant  and  the adverse party as the
  respondent.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5512 - Appealable Paper; Entry of Order Made Out of Court.

§  5512.  Appealable  paper;  entry  of  order  made out of court. (a)
Appealable paper. An initial appeal shall be taken from the judgment  or
order  of the court of original instance and an appeal seeking review of
an appellate determination shall be taken from the order entered in  the
office  of  the clerk of the court whose order is sought to be reviewed.
If a timely appeal is taken from a judgment or  order  other  than  that
specified  in  the  last sentence and no prejudice results therefrom and
the proper paper is furnished to the court to which the appeal is taken,
the appeal shall be deemed taken from the proper judgment or order.
(b) Entry of order made out of court. Entry of an order  made  out  of
court  and  filing  of  the papers on which the order was granted may be
compelled by order of the court from or to  which  an  appeal  from  the
order might be taken.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5513 - Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal.

§  5513.  Time  to take appeal, cross-appeal or move for permission to
appeal.  (a) Time to take appeal as of right. An appeal as of right must
be taken within thirty days after service by a party upon the  appellant
of  a  copy of the judgment or order appealed from and written notice of
its entry, except that when the appellant  has  served  a  copy  of  the
judgment  or  order  and written notice of its entry, the appeal must be
taken within thirty days thereof.
(b) Time to move for permission to appeal. The  time  within  which  a
motion  for permission to appeal must be made shall be computed from the
date of service by a party upon the party seeking permission of  a  copy
of  the  judgment or order to be appealed from and written notice of its
entry, or, where permission has already been  denied  by  order  of  the
court  whose  determination  is sought to be reviewed, of a copy of such
order and written notice of its  entry,  except  that  when  such  party
seeking permission to appeal has served a copy of such judgment or order
and  written  notice  of  its entry, the time shall be computed from the
date of such service. A motion for permission to  appeal  must  be  made
within thirty days.
(c)  Additional  time  where  adverse  party takes appeal or moves for
permission to appeal. A party upon whom the adverse party has  served  a
notice  of  appeal or motion papers on a motion for permission to appeal
may take an appeal or make a motion for permission to appeal within  ten
days after such service or within the time limited by subdivision (a) or
(b)  of  this  section, whichever is longer, if such appeal or motion is
otherwise available to such party.
(d) Additional time where service of judgment or order and  notice  of
entry  is served by mail or overnight delivery service. Where service of
the judgment or order to be appealed from  and  written  notice  of  its
entry  is  made  by mail pursuant to paragraph two of subdivision (b) of
rule twenty-one hundred three or by overnight delivery service  pursuant
to  paragraph six of subdivision (b) of rule twenty-one hundred three of
this chapter, the additional days  provided  by  such  paragraphs  shall
apply  to  this action, regardless of which party serves the judgment or
order with notice of entry.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5514 - Extension of Time to Take Appeal or to Move for Permission to Appeal.

§  5514. Extension of time to take appeal or to move for permission to
appeal. (a) Alternate method of appeal. If  an  appeal  is  taken  or  a
motion  for permission to appeal is made and such appeal is dismissed or
motion is denied and, except for time limitations in section 5513,  some
other  method  of taking an appeal or of seeking permission to appeal is
available, the time limited for such other method shall be computed from
the dismissal or denial unless the court to which the appeal  is  sought
to be taken orders otherwise.
(b)  Disability  of  attorney.  If the attorney for an aggrieved party
dies, is  removed  or  suspended,  or  becomes  physically  or  mentally
incapacitated  or  otherwise  disabled before the expiration of the time
limited for taking an appeal or moving for permission to appeal  without
having  done  so, such appeal may be taken or such motion for permission
to appeal may be served within  sixty  days  from  the  date  of  death,
removal or suspension, or commencement of such incapacity or disability.
(c) Other extensions of time; substitutions or omissions. No extension
of  time  shall  be  granted  for  taking  an  appeal  or for moving for
permission to appeal except as provided in this section,  section  1022,
or section 5520.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5515 - Taking an Appeal; Notice of Appeal.

§ 5515. Taking an appeal; notice of appeal.
1.  An  appeal shall be taken by serving on the adverse party a notice
  of appeal and filing it in the office where the judgment or order of the
  court of original  instance  is  entered  except  that  where  an  order
  granting  permission  to  appeal  is made, the appeal is taken when such
  order is entered. A notice shall designate the party taking the  appeal,
  the judgment or order or specific part of the judgment or order appealed
  from and the court to which the appeal is taken.
2.  Whenever an appeal is taken to the court of appeals, a copy of the
  notice of appeal shall be sent forthwith to the clerk of  the  court  of
  appeals  by  the  clerk  of  the  office  where  the notice of appeal is
  required to be filed pursuant to this section.
3. Where leave to appeal  to  the  court  of  appeals  is  granted  by
  permission  of the appellate division, a copy of the order granting such
  permission to appeal shall be sent forthwith to the clerk of  the  court
  of appeals by the clerk of the appellate division.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5516 - Motion for Permission to Appeal.

Rule 5516. Motion for permission to appeal. A motion for permission to
  appeal  shall be noticed to be heard at a motion day at least eight days
  and not more than fifteen days after notice of  the  motion  is  served,
  unless  there  is no motion day during that period, in which case at the
  first motion day thereafter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5517 - Subsequent Orders.

§  5517.  Subsequent  orders.  (a)  Appeal  not  affected  by  certain
subsequent orders. An appeal shall not be affected by:
1. the granting of a motion for reargument or the granting of an order
upon reargument making the same or substantially the same  determination
as is made in the order appealed from; or
2.  the  granting  of  a motion for resettlement of the order appealed
from; or
3. the denial of a motion, based on new or additional facts,  for  the
same or substantially the same relief applied for in the motion on which
the order appealed from was made.
(b)  Review  of subsequent orders. A court reviewing an order may also
review any subsequent order made upon a motion specified in  subdivision
(a), if the subsequent order is appealable as of right.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5518 - Preliminary Injunction or Temporary Restraining Order by Appellate Division.

§  5518.  Preliminary  injunction  or  temporary  restraining order by
  appellate division. The appellate division may grant, modify or limit  a
  preliminary  injunction or temporary restraining order pending an appeal
  or determination of a motion  for  permission  to  appeal  in  any  case
  specified in section 6301.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5520 - Omissions; Appeal by Improper Method.

§  5520.  Omissions;  appeal by improper method. (a) Omissions.  If an
appellant either serves or files a timely notice of appeal or notice  of
motion  for  permission  to  appeal,  but  neglects  through  mistake or
excusable neglect to do another required act within  the  time  limited,
the  court from or to which the appeal is taken or the court of original
instance may grant an extension of time for curing the omission.
(b) Appeal by permission instead of as of right. An  appeal  taken  by
permission  shall not be dismissed upon the ground that the appeal would
lie as of right and was not taken within the time limited for an  appeal
as of right, provided the motion for permission was made within the time
limited for taking the appeal.
(c) Defects in form. Where a notice of appeal is premature or contains
an  inaccurate  description  of the judgment or order appealed from, the
appellate court, in its discretion, when the  interests  of  justice  so
demand, may treat such a notice as valid.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5521 - Preferences.

Rule  5521.  Preferences.  (a) Preferences in the hearing of an appeal
may be granted in the discretion of the court to  which  the  appeal  is
taken.
(b) Consistent with the provisions of section one thousand one hundred
twelve  of  the  family  court  act,  appeals  from orders, judgments or
decrees in proceedings brought pursuant to articles  three,  seven,  ten
and  ten-A and parts one and two of article six of the family court act,
and pursuant to sections  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c,   three   hundred   eighty-four,   and   three   hundred
eighty-four-b of the social services law, and pursuant to paragraph  (d)
of   subdivision   four  and  subparagraph  (ii)  of  paragraph  (d)  of
subdivision five of section eighty-nine  of  the  public  officers  law,
shall  be  given  preference  and may be brought on for argument on such
terms and conditions as the court may direct without the necessity of  a
motion.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5522 - Disposition of Appeal.

Rule  5522.  Disposition  of appeal. (a) A court to which an appeal is
taken may reverse, affirm, or modify, wholly or in part,  any  judgment,
or  order  before  it,  as to any party.  The court shall render a final
determination or, where necessary or proper, remit to another court  for
further  proceedings. A court reversing or modifying a judgment or order
without opinion shall briefly state the grounds of its decision.
(b) In an appeal from a money  judgment  in  an  action  in  which  an
itemized  verdict  is  required by rule forty-one hundred eleven of this
chapter in which  it  is  contended  that  the  award  is  excessive  or
inadequate,  the  appellate division shall set forth in its decision the
reasons therefor, including the factors it considered in complying  with
subdivision (c) of section fifty-five hundred one of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5523 - Restitution.

§  5523.  Restitution. A court reversing or modifying a final judgment
  or order  or  affirming  such  a  reversal  or  modification  may  order
  restitution  of property or rights lost by the judgment or order, except
  that where the title of a purchaser in good faith and for value would be
  affected, the court may order the value or the purchase  price  restored
  or deposited in court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5524 - Entry of Order; Remittitur and Further Proceedings.

Rule  5524.  Entry  of  order; remittitur and further proceedings. (a)
Entry of order in appellate court. An order  of  a  court  to  which  an
appeal  is  taken  shall  be  entered in the office of the clerk of that
court.
(b) Remittitur and further proceedings.  A copy of the  order  of  the
court  to which an appeal is taken determining the appeal, together with
the record on appeal, shall be remitted to the clerk  of  the  court  of
original  instance  except that where further proceedings are ordered in
another court, they shall be remitted to the clerk of such court.    The
entry  of such copy shall be authority for any further proceedings.  Any
judgment directed by the order shall be entered  by  the  clerk  of  the
court to which remission is made.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5526 - Content and Form of Record on Appeal.

Rule  5526. Content and form of record on appeal. The record on appeal
  from a final judgment  shall  consist  of  the  notice  of  appeal,  the
  judgment-roll,   the  corrected  transcript  of  the  proceedings  or  a
  statement pursuant to subdivision (d) of rule 5525 if a trial or hearing
  was held, any relevant exhibits, or copies of  them,  in  the  court  of
  original  instance,  any other reviewable order, and any opinions in the
  case. The record on appeal from an interlocutory judgment or  any  order
  shall  consist  of  the notice of appeal, the judgment or order appealed
  from, the transcript, if any, the papers and other exhibits  upon  which
  the  judgment  or  order  was  founded and any opinions in the case. All
  printed or reproduced papers comprising the record on  appeal  shall  be
  eleven  inches  by eight and one-half inches. The subject matter of each
  page of the record shall be stated at the top thereof,  except  that  in
  the case of papers other than testimony, the subject matter of the paper
  may  be stated at the top of the first page of each paper, together with
  the page numbers of the first and last pages thereof.  In  the  case  of
  testimony,  the  name  of the witness, by whom he was called and whether
  the testimony is direct, cross, redirect or recross examination shall be
  stated at the top of each page.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5527 - Statement in Lieu of Record on Appeal.

Rule  5527.  Statement in lieu of record on appeal. When the questions
  presented by an appeal can be determined without an examination  of  all
  the  pleadings  and  proceedings,  the  parties  may  prepare and sign a
  statement showing how the questions arose and were decided in the  court
  from  which  the  appeal  is taken and setting forth only so much of the
  facts averred and proved or sought to be proved as are  necessary  to  a
  decision  of  the  questions. The statement may also include portions of
  the transcript of the proceedings and other relevant  matter.  It  shall
  include  a  copy  of  the judgment or order appealed from, the notice of
  appeal and a statement of the issues to  be  determined.  Within  twenty
  days  after  the  appellant has taken his appeal, the statement shall be
  presented to the court from which the appeal is taken  for  approval  as
  the  record  on  appeal.  The  court  may  make corrections or additions
  necessary to present fully the  questions  raised  by  the  appeal.  The
  approved statement shall be printed as a joint appendix.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5528 - Content of Briefs and Appendices.

Rule 5528. Content of briefs and appendices. (a) Appellant's brief and
appendix.    The  brief  of the appellant shall contain in the following
order:
1. a table of contents,  which  shall  include  the  contents  of  the
appendix,  if it is not bound separately, with references to the initial
page of each paper printed  and  of  the  direct,  cross,  and  redirect
examination of each witness;
2.  a  concise  statement,  not  exceeding two pages, of the questions
involved  without  names,  dates,  amounts  or  particulars,  with  each
question  numbered, set forth separately and followed immediately by the
answer, if any, of the court from which the appeal is taken;
3. a concise statement of the nature of the  case  and  of  the  facts
which  should  be  known  to  determine  the  questions  involved,  with
supporting references to pages in the appendix;
4. the argument for the appellant, which shall be divided into  points
by appropriate headings distinctively printed; and
5.  an  appendix,  which may be bound separately, containing only such
parts of the record on appeal as are necessary to consider the questions
involved, including those parts the appellant reasonably assumes will be
relied upon by the respondent; provided,  however,  that  the  appellate
division  in  each  department  may by rule applicable in the department
authorize an appellant at his election  to  proceed  upon  a  record  on
appeal  printed  or reproduced in like manner as an appendix, and in the
event of such election an appendix shall not be required.
(b) Respondent's brief and appendix. The brief of the respondent shall
conform  to  the  requirements  of  subdivision  (a),  except   that   a
counterstatement  of the questions involved or a counterstatement of the
nature and facts of the case shall be included only  if  the  respondent
disagrees  with  the  statement  of the appellant and the appendix shall
contain only such additional parts of the record  as  are  necessary  to
consider the questions involved.
(c)  Appellant's  reply  brief  and  appendix.  Any reply brief of the
appellant shall conform to the requirements of subdivision  (a)  without
repetition.
(d) Joint appendix. A joint appendix bound separately may be used.  It
shall be filed with the appellant's brief.
(e)  Sanction.  For any failure to comply with subdivision (a), (b) or
(c) the court to which the appeal is taken may withhold or impose costs.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5529 - Form of Briefs and Appendices.

Rule  5529.  Form of briefs and appendices.  (a) Form of reproduction;
size; paper; binding.
1. Briefs and appendices  shall  be  reproduced  by  any  method  that
produces  a  permanent, legible, black image on white paper. Paper shall
be of a quality approved by the chief administrator of the courts.
2. Briefs and appendices shall be on white paper eleven  inches  along
the bound edge by eight and one-half inches.
3.  An  appellate  court  may  by  rule applicable to practice therein
prescribe the size of margins and type of briefs and appendices and  the
line spacing and the length of briefs.
(b)  Numbering. Pages of briefs shall be numbered consecutively. Pages
of appendices shall be separately numbered  consecutively,  each  number
preceded by the letter A.
(c)  Page  headings.  The  subject matter of each page of the appendix
shall be stated at the top thereof, except that in the  case  of  papers
other  than  testimony, the subject matter of the paper may be stated at
the top of the first page of each paper, together with the page  numbers
of  the first and last pages thereof. In the case of testimony, the name
of the witness, by whom he was  called  and  whether  the  testimony  is
direct,  cross,  redirect  or recross examination shall be stated at the
top of each page.
(d) Quotations. Asterisks or other appropriate means shall be used  to
indicate  omissions  in  quoted excerpts. Reference shall be made to the
source of the excerpts quoted. Where  an  excerpt  in  the  appendix  is
testimony of a witness quoted from the record the beginning of each page
of  the  transcript shall be indicated by parenthetical insertion of the
transcript page number.
(e) Citations of decisions. New York decisions shall be cited from the
official reports, if any. All other decisions shall be  cited  from  the
official  reports, if any, and also from the National Reporter System if
they are there reported. Decisions not reported  officially  or  in  the
National Reporter System shall be cited from the most available source.
(f)  Questions  and  answers. The answer to a question in the appendix
shall not begin a new paragraph.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5530 - Filing Record and Briefs; Service of Briefs.

Rule 5530. Filing record and briefs; service of briefs. (a) Generally.
Within   twenty  days  after  settlement  of  the  transcript  or  after
settlement of the statement in lieu of stenographic transcript or  after
approval  of  the  statement in lieu of record, the appellant shall file
with the clerk of the court to which the appeal is taken the  record  on
appeal or statement in lieu of record, and the required number of copies
of  his  brief, and shall also serve upon the adverse party three copies
of his brief. The respondent shall file  and  serve  a  like  number  of
copies of his brief within fifteen days after service of the appellant's
brief.  The  appellant  may  file and serve a like number of copies of a
reply brief within ten days after service of the respondent's brief.
(b) Upon cross-appeal. Unless the court to which the appeals are taken
otherwise orders, where both  parties  take  an  appeal  from  the  same
judgment  or  order, the plaintiff, or appellant in the court from which
the appeal is taken, shall file and serve his brief first. The answering
brief shall be filed and served within fifteen days after service of the
first  brief  and  shall  include  the  points  and  arguments  on   the
cross-appeal.    A  reply brief shall be filed and served within fifteen
days after service of the answering brief, and shall  include  answering
points  and  arguments  on  the  cross-appeal.  A  reply  brief  to  the
cross-appeal may thereafter be served and filed within  ten  days  after
the service of the reply to the first brief.
(c) Special rules prescribing times for filing and serving authorized.
The  appellate division in each department may by rule applicable in the
department prescribe other limitations  of  time  different  from  those
prescribed in subdivisions (a) and (b) for filing and serving records on
appeal,  or  statements  in lieu of records, and briefs in appeals taken
therein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › R5531 - Description of Action.

Rule  5531.  Description  of action. The appellant shall file together
with the record on  appeal,  in  both  criminal  and  civil  actions,  a
statement  containing  the  following information listed and numbered in
the following order:
1. the index number of the case in the court below,
2. the full names of the  original  parties  and  any  change  in  the
parties,
3. the court and county in which the action was commenced,
4.  the  date  the  action  was  commenced and the dates on which each
pleading was served,
5. a brief description of the nature and object of the action,
6. a statement as to whether the appeal is from a judgment or an order
or both, the dates of entry of each judgment or order appealed from, and
the name of the judge or justice who directed the entry of the  judgment
or made the order being appealed, and
7. a statement as to the method of appeal being used:
(a) whether the appeal is on a full record, printed or reproduced, or
(b) on the original record, in which event, state whether the appendix
method  is  being used, or leave to prosecute the appeal on the original
record was granted by the court or by statute.
The statement shall be prefixed to the papers constituting the  record
on appeal. A copy of this statement shall be filed with the clerk at the
time the record on appeal is filed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5601 - Appeals to the Court of Appeals as of Right.

§  5601.  Appeals to the court of appeals as of right. (a) Dissent. An
appeal may be taken to the court of appeals as of  right  in  an  action
originating  in  the supreme court, a county court, a surrogate's court,
the family court, the court of claims or an administrative agency,  from
an  order of the appellate division which finally determines the action,
where there is a dissent by at least two justices on a question  of  law
in favor of the party taking such appeal.
(b)  Constitutional  grounds.  An  appeal may be taken to the court of
appeals as of right:
1. from an order of the appellate division which finally determines an
action  where  there  is  directly  involved  the  construction  of  the
constitution of the state or of the United States; and
2.  from  a  judgment  of a court of record of original instance which
finally determines an action where the only  question  involved  on  the
appeal  is  the validity of a statutory provision of the state or of the
United States under the constitution of  the  state  or  of  the  United
States.
(c)  From  order  granting  new trial or hearing, upon stipulation for
judgment absolute. An appeal may be taken to the court of appeals as  of
right  in  an action originating in the supreme court, a county court, a
surrogate's  court,  the  family  court,  the  court  of  claims  or  an
administrative  agency, from an order of the appellate division granting
or affirming the granting of a new trial or hearing where the  appellant
stipulates  that,  upon  affirmance,  judgment absolute shall be entered
against him.
(d) Based upon nonfinal determination of appellate division. An appeal
may be taken to the court of appeals as of right from a  final  judgment
entered  in  a court of original instance, from a final determination of
an administrative agency or from a final arbitration award, or  from  an
order  of the appellate division which finally determines an appeal from
such a judgment or determination, where the appellate division has  made
an  order  on a prior appeal in the action which necessarily affects the
judgment, determination or award and which satisfies the requirements of
subdivision (a) or of paragraph one of subdivision (b)  except  that  of
finality.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5611 - When Appellate Division Order Deemed Final.

§  5611.  When appellate division order deemed final. If the appellate
  division disposes of all the issues in the action  its  order  shall  be
  considered  a  final one, and a subsequent appeal may be taken only from
  that order and not from any judgment or order entered pursuant to it. If
  the aggrieved party is granted leave to replead or to perform some other
  act which would defeat the finality of the  order,  it  shall  not  take
  effect  as  a  final  order until the expiration of the time limited for
  such act without his having performed it.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5612 - Presumptions as to Determinations of Questions of Fact.

§  5612.  Presumptions as to determinations of questions of fact.  (a)
Appeal from reversal or modification. On an appeal from an order of  the
appellate division reversing, modifying or setting aside a determination
and  rendering  a  final  or interlocutory determination, except when it
reinstates a verdict, the court of appeals shall presume that  questions
of  fact as to which no findings are made in the order or opinion of the
appellate division were not considered by it, where  such  findings  are
required to be made by paragraph two of subdivision (b) of rule 5712.
(b)  Appeal  on  certified questions of law. On an appeal on certified
questions of law, the court of appeals shall presume that  questions  of
fact  as  to which no findings are made in the order granting permission
to appeal or in the order  appealed  from  or  in  the  opinion  of  the
appellate  division  were  determined  in  favor  of  the  party  who is
respondent in the court of appeals.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5613 - Disposition Upon Reversal or Modification.

§  5613.    Disposition  upon reversal or modification.   The court of
  appeals, upon reversing or modifying a determination  of  the  appellate
  division,  when  it  appears  or must be presumed that questions of fact
  were not considered by the appellate division, shall remit the  case  to
  that  court  for  determination  of  questions  of  fact  raised  in the
  appellate division.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5614 - Disposition Upon Certified Questions.

§  5614.  Disposition upon certified questions. The order of the court
  of appeals determining an appeal upon certified questions shall  certify
  its  answers  to  the  questions  certified  and  direct  entry  of  the
  appropriate judgment or order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 56 - Appeals to the Court of Appeals › 5615 - Disposition Upon Appeal From Order Granting New Trial or Hearing.

§  5615.  Disposition  upon  appeal  from  order granting new trial or
  hearing. When an appeal to the appellate division presented questions of
  fact and a further appeal  is  taken  pursuant  to  subdivision  (c)  of
  section  5601, or subparagraph (iii) of paragraph two of subdivision (b)
  of section 5602, the court of appeals shall affirm  the  order  appealed
  from  and  shall render judgment or order absolute against the appellant
  unless the order or opinion of the  appellate  division  recites  either
  that  the  questions  of fact have not been considered or that the court
  has considered the questions of fact and has determined  that  it  would
  not grant a new trial or hearing upon those questions.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5701 - Appeals to Appellate Division From Supreme and County Courts.

§  5701. Appeals to appellate division from supreme and county courts.
(a) Appeals as of right.  An  appeal  may  be  taken  to  the  appellate
division as of right in an action, originating in the supreme court or a
county court:
1.  from  any  final  or  interlocutory  judgment  except  one entered
subsequent to an order of the appellate division 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
(viii)  grants  a  motion  for  leave  to  reargue  made  pursuant  to
subdivision  (d)  of rule 2221 or determines a motion for leave to renew
made pursuant to subdivision (e) of rule 2221; 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 to
the appellate division as of right where it:
1. is made in a proceeding against  a  body  or  officer  pursuant  to
article 78; or
2.  requires  or  refuses  to  require  a more definite statement in a
pleading; or
3. orders or refuses to order that scandalous or prejudicial matter be
stricken from a pleading.
(c) Appeals by permission. An appeal may be  taken  to  the  appellate
division from any order which is not appealable as of right in an action
originating  in the supreme court or a county court by permission of the
judge who made the order granted before application to a justice of  the
appellate  division;  or  by  permission  of  a justice of the appellate
division in the department to which the  appeal  could  be  taken,  upon
refusal by the judge who made the order or upon direct application.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5702 - Appeals to Appellate Division From Other Courts of Original Instance.

§  5702.  Appeals  to appellate division from other courts of original
  instance.  An appeal may be taken to the  appellate  division  from  any
  judgment or order of a court of original instance other than the supreme
  court  or  a  county  court  in  accordance  with  the statute governing
  practice in such court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5703 - Appeals to Appellate Division From Appellate Courts.

§ 5703. Appeals to appellate division from appellate courts.  (a) From
appellate  terms. An appeal may be taken to the appellate division, from
an order of the  appellate  term  which  determines  an  appeal  from  a
judgment  or order of a lower court, by permission of the appellate term
or, in case of refusal, of the appellate division.  When  permission  to
appeal  is  sought from an order granting or affirming the granting of a
new  trial  or  hearing,  the  appellant  shall  stipulate  that,   upon
affirmance, judgment absolute may be entered against him.
(b)  From  other  appellate  courts.  An  appeal  may  be taken to the
appellate division as of right from an order of  a  county  court  or  a
special  term  of  the  supreme  court which determines an appeal from a
judgment of a lower court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5704 - Review of Ex Parte Orders.

§  5704.  Review  of  ex parte orders. (a) By appellate division.  The
appellate division or a justice thereof may vacate or modify  any  order
granted  without  notice  to  the  adverse party by any court or a judge
thereof from which an appeal would lie to such appellate  division;  and
the appellate division may grant any order or provisional remedy applied
for  without  notice  to the adverse party and refused by any court or a
judge thereof from which an appeal would lie to such appellate division.
(b) By appellate term. The appellate  term  in  the  first  or  second
judicial  department or a justice thereof may vacate or modify any order
granted without notice to the adverse party by  any  court  or  a  judge
thereof  from which an appeal would lie to such appellate term; and such
appellate term may grant any order or  provisional  remedy  applied  for
without  notice to the adverse party and refused by any court or a judge
thereof from which an appeal would lie to such appellate term.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5711 - Where Appeal Heard.

§  5711.  Where appeal heard. Except as provided in subdivision (d) of
  rule 511, an appeal to the appellate division shall be  brought  in  the
  department  embracing the county in which the judgment or order appealed
  from is entered and there heard and determined unless, in furtherance of
  justice, the appeal is sent to another department.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5712 - Content of Order Determining Appeal.

§ 5712. Content of order determining appeal. (a) Dissents. Every order
of  the appellate division determining an appeal shall state whether one
or more justices dissent from the determination.
(b) Order of affirmance. Whenever  the  appellate  division,  although
affirming  a  final  or  interlocutory  judgment  or  order, reverses or
modifies any findings of fact, or makes new findings of fact, its  order
shall comply with the requirements of subdivision (c).
(c) Order of reversal or modification. Whenever the appellate division
reverses or modifies or sets aside a determination and thereupon makes a
determination,  except  when  it  reinstates  a verdict, its order shall
state whether its determination is upon the law, or upon the  facts,  or
upon the law and the facts:
1.  if the determination is stated to be upon the law alone, the order
shall also state whether or not the findings of  fact  below  have  been
affirmed; and
2.  if  the  determination is stated to be upon the facts, or upon the
law and the facts, the order shall also specify  the  findings  of  fact
which  are  reversed or modified, and set forth any new findings of fact
made by the appellate division with such particularity as  was  employed
for  the  statement  of  the  findings  of fact in the court of original
instance; except that the order need not specify the  findings  of  fact
which are reversed or modified nor set forth any new findings of fact if
the  appeal  is  either  from  a  determination by the court without any
statement of the findings of fact or from  a  judgment  entered  upon  a
general verdict without answers to interrogatories.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 57 - Appeals to the Appellate Division › 5713 - Content of Order Granting Permission to Appeal to Court of Appeals.

§  5713.  Content  of  order granting permission to appeal to court of
  appeals. When the appellate division grants permission to appeal to  the
  court  of  appeals,  its order granting such permission shall state that
  questions of law have arisen which in its opinion ought to be  reviewed.
  When  the  appeal  is  from  a  non-final order, the order granting such
  permission shall  also  state  that  the  findings  of  fact  have  been
  affirmed, or reversed or modified and new findings of fact made, or have
  not  been considered, shall specify the findings of fact which have been
  reversed or modified and set forth new findings of fact  with  at  least
  the  same  particularity  as was employed for the findings of fact below
  and shall certify the questions of law decisive of  the  correctness  of
  its determination or of any separable portion of it.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 60 - Provisional Remedies Generally › 6001 - Kinds of Provisional Remedies; When Remedy Available to Defendant.

§  6001.  Kinds  of  provisional  remedies;  when  remedy available to
  defendant.  The  provisional  remedies   are   attachment,   injunction,
  receivership  and  notice  of  pendency.  On  a motion for a provisional
  remedy, the plaintiff shall state whether any other  provisional  remedy
  has  been  secured  or  sought  in  the  same  action  against  the same
  defendant, and the court may require  the  plaintiff  to  elect  between
  those  remedies  to  which  he  would  otherwise  be  entitled; for this
  purpose, seizure of a chattel in an action to recover  a  chattel  is  a
  provisional  remedy.  A cause of action contained in a counterclaim or a
  cross-claim,  and  a  judgment  demanded  thereon,  shall  entitle   the
  defendant to the same provisional remedies to which he would be entitled
  if  he  were  the  plaintiff,  the  party  against  whom the judgment is
  demanded were the defendant and the cause of action were contained in  a
  complaint.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6201 - Grounds for Attachment.

§  6201. Grounds for attachment. An order of attachment may be granted
  in any action, except a matrimonial  action,  where  the  plaintiff  has
  demanded  and  would  be  entitled,  in  whole  or  in  part,  or in the
  alternative, to a money judgment against one or more defendants, when:
1. the defendant is a nondomiciliary residing without the state, or is
  a foreign corporation not qualified to do business in the state; or
2. the defendant resides or is domiciled in the state  and  cannot  be
  personally served despite diligent efforts to do so; or
3.  the  defendant,  with intent to defraud his creditors or frustrate
  the enforcement of a judgment that  might  be  rendered  in  plaintiff's
  favor,  has  assigned,  disposed of, encumbered or secreted property, or
  removed it from the state or is about to do any of these acts; or
4. the action is brought by the victim or the  representative  of  the
  victim  of a crime, as defined in subdivision six of section six hundred
  twenty-one of the  executive  law,  against  the  person  or  the  legal
  representative  or  assignee  of the person convicted of committing such
  crime and seeks to recover damages sustained as a result of  such  crime
  pursuant to section six hundred thirty-two-a of the executive law; or
5.  the  cause  of action is based on a judgment, decree or order of a
  court of the United States or of any other court which  is  entitled  to
  full  faith  and  credit in this state, or on a judgment which qualifies
  for recognition under the provisions of article 53.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6202 - Debt or Property Subject to Attachment; Proper Garnishee.

§  6202. Debt or property subject to attachment; proper garnishee. Any
  debt or property against which a  money  judgment  may  be  enforced  as
  provided  in section 5201 is subject to attachment. The proper garnishee
  of any such property or debt is the person designated in  section  5201;
  for  the purpose of applying the provisions to attachment, references to
  a "judgment debtor" in section 5201 and in subdivision  (i)  of  section
  105 shall be construed to mean "defendant. "
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6203 - Attaching Creditor's Rights in Personal Property.

§  6203.  Attaching  creditor's  rights  in personal property. Where a
  plaintiff has delivered  an  order  of  attachment  to  a  sheriff,  the
  plaintiff's  rights in a debt owed to the defendant or in an interest of
  the defendant in personal property against  which  debt  or  property  a
  judgment  may  be  enforced, are superior to the extent of the amount of
  the attachment to the rights of any transferee of the debt or  property,
  except:
1. a transferee who acquired the debt or property before it was levied
  upon  for  fair  consideration  or  without  knowledge  of  the order of
  attachment; or
2.  a  transferee  who  acquired  the  debt  or  property   for   fair
  consideration  after  it  was  levied upon without knowledge of the levy
  while it was not in the possession of the sheriff.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6204 - Discharge of Garnishee's Obligation.

§ 6204. Discharge of garnishee's obligation. A person who, pursuant to
  an  order  of attachment, pays or delivers to the sheriff money or other
  personal property in which a defendant has or will have an interest,  or
  so  pays a debt he owes the defendant, is discharged from his obligation
  to the defendant to the extent of the payment or delivery.