US Lawyer Database

§ 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.