Legislation
SECTION 5713
Content of order granting permission to appeal to court of appeals
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 57
§ 5713. Content of order granting permission to appeal to court of
appeals. When the appellate division grants permission to appeal to the
court of appeals, its order granting such permission shall state that
questions of law have arisen which in its opinion ought to be reviewed.
When the appeal is from a non-final order, the order granting such
permission shall also state that the findings of fact have been
affirmed, or reversed or modified and new findings of fact made, or have
not been considered, shall specify the findings of fact which have been
reversed or modified and set forth new findings of fact with at least
the same particularity as was employed for the findings of fact below
and shall certify the questions of law decisive of the correctness of
its determination or of any separable portion of it.
appeals. When the appellate division grants permission to appeal to the
court of appeals, its order granting such permission shall state that
questions of law have arisen which in its opinion ought to be reviewed.
When the appeal is from a non-final order, the order granting such
permission shall also state that the findings of fact have been
affirmed, or reversed or modified and new findings of fact made, or have
not been considered, shall specify the findings of fact which have been
reversed or modified and set forth new findings of fact with at least
the same particularity as was employed for the findings of fact below
and shall certify the questions of law decisive of the correctness of
its determination or of any separable portion of it.