§ 460.20 Certificate granting leave to appeal to court of appeals.

1. A certificate granting leave to appeal to the court of appeals
from an order of an intermediate appellate court is an order of a judge
granting such permission and certifying that the case involves a
question of law which ought to be reviewed by the court of appeals.

2. Such certificate may be issued by the following judges in the
indicated situations:

(a) Where the appeal sought is from an order of the appellate
division, the certificate may be issued by (i) a judge of the court of
appeals or (ii) a justice of the appellate division of the department
which entered the order sought to be appealed.

(b) Where the appeal sought is from an order of an intermediate
appellate court other than the appellate division, the certificate may
be issued only by a judge of the court of appeals.

3. An application for such a certificate must be made in the
following manner:

(a) An application to a justice of the appellate division must be
made upon reasonable notice to the respondent;

(b) An application seeking such a certificate from a judge of the
court of appeals must be made to the chief judge of such court by
submission thereof, either in writing or first orally and then in
writing, to the clerk of the court of appeals. The chief judge must
then designate a judge of such court to determine the application. The
clerk must then notify the respondent of the application and must inform
both parties of such designation.

4. A justice of the appellate division to whom such an application
has been made, or a judge of the court of appeals designated to
determine such an application, may in his discretion determine it upon
such papers as he may request the parties to submit, or upon oral
argument, or upon both.

5. Every judge or justice acting pursuant to this section shall file
with the clerk of the court of appeals, immediately upon issuance, a
copy of every certificate granting or denying leave to appeal.