New York Laws
Article 56 - Appeals to the Court of Appeals
5601 - Appeals to the Court of Appeals as of Right.

(b) Constitutional grounds. An appeal may be taken to the court of
appeals as of right:
1. from an order of the appellate division which finally determines an
action where there is directly involved the construction of the
constitution of the state or of the United States; and
2. from a judgment of a court of record of original instance which
finally determines an action where the only question involved on the
appeal is the validity of a statutory provision of the state or of the
United States under the constitution of the state or of the United
States.
(c) From order granting new trial or hearing, upon stipulation for
judgment absolute. An appeal may be taken to the court of appeals as of
right in an action originating in the supreme court, a county court, a
surrogate's court, the family court, the court of claims or an
administrative agency, from an order of the appellate division granting
or affirming the granting of a new trial or hearing where the appellant
stipulates that, upon affirmance, judgment absolute shall be entered
against him.
(d) Based upon nonfinal determination of appellate division. An appeal
may be taken to the court of appeals as of right from a final judgment
entered in a court of original instance, from a final determination of
an administrative agency or from a final arbitration award, or from an
order of the appellate division which finally determines an appeal from
such a judgment or determination, where the appellate division has made
an order on a prior appeal in the action which necessarily affects the
judgment, determination or award and which satisfies the requirements of
subdivision (a) or of paragraph one of subdivision (b) except that of
finality.

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