New York Court Acts|SECTION 1702

                                                

§ 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.