(b) Appeal on certified questions of law. On an appeal on certified
questions of law, the court of appeals shall presume that questions of
fact as to which no findings are made in the order granting permission
to appeal or in the order appealed from or in the opinion of the
appellate division were determined in favor of the party who is
respondent in the court of appeals.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 56 - Appeals to the Court of Appeals
5601 - Appeals to the Court of Appeals as of Right.
5602 - Appeals to the Court of Appeals by Permission.
5611 - When Appellate Division Order Deemed Final.
5612 - Presumptions as to Determinations of Questions of Fact.
5613 - Disposition Upon Reversal or Modification.
5614 - Disposition Upon Certified Questions.
5615 - Disposition Upon Appeal From Order Granting New Trial or Hearing.