§ 460.20 Certificate granting leave to appeal to court of appeals.\n 1. A certificate granting leave to appeal to the court of appeals\nfrom an order of an intermediate appellate court is an order of a judge\ngranting such permission and certifying that the case involves a\nquestion of law which ought to be reviewed by the court of appeals.\n 2. Such certificate may be issued by the following judges in the\nindicated situations:\n (a) Where the appeal sought is from an order of the appellate\ndivision, the certificate may be issued by (i) a judge of the court of\nappeals or (ii) a justice of the appellate division of the department\nwhich entered the order sought to be appealed.\n (b) Where the appeal sought is from an order of an intermediate\nappellate court other than the appellate division, the certificate may\nbe issued only by a judge of the court of appeals.\n 3. An application for such a certificate must be made in the\nfollowing manner:\n (a) An application to a justice of the appellate division must be\nmade upon reasonable notice to the respondent;\n (b) An application seeking such a certificate from a judge of the\ncourt of appeals must be made to the chief judge of such court by\nsubmission thereof, either in writing or first orally and then in\nwriting, to the clerk of the court of appeals. The chief judge must\nthen designate a judge of such court to determine the application. The\nclerk must then notify the respondent of the application and must inform\nboth parties of such designation.\n 4. A justice of the appellate division to whom such an application\nhas been made, or a judge of the court of appeals designated to\ndetermine such an application, may in his discretion determine it upon\nsuch papers as he may request the parties to submit, or upon oral\nargument, or upon both.\n 5. Every judge or justice acting pursuant to this section shall file\nwith the clerk of the court of appeals, immediately upon issuance, a\ncopy of every certificate granting or denying leave to appeal.\n
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