§ 5615. Disposition upon appeal from order granting new trial or
hearing. When an appeal to the appellate division presented questions of
fact and a further appeal is taken pursuant to subdivision (c) of
section 5601, or subparagraph (iii) of paragraph two of subdivision (b)
of section 5602, the court of appeals shall affirm the order appealed
from and shall render judgment or order absolute against the appellant
unless the order or opinion of the appellate division recites either
that the questions of fact have not been considered or that the court
has considered the questions of fact and has determined that it would
not grant a new trial or hearing upon those questions.