Legislation
SECTION 5512
Appealable paper; entry of order made out of court
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
§ 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.
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.