Legislation
SECTION 5611
When appellate division order deemed final
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 56
§ 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.
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.