New York Civil Practice Law and Rules Code § 5703

Appeals to appellate division from appellate courts
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§ 5703. Appeals to appellate division from appellate courts.  (a) From\nappellate terms. An appeal may be taken to the appellate division, from\nan order of the appellate term which determines an appeal from a\njudgment or order of a lower court, by permission of the appellate term\nor, in case of refusal, of the appellate division. When permission to\nappeal is sought from an order granting or affirming the granting of a\nnew trial or hearing, the appellant shall stipulate that, upon\naffirmance, judgment absolute may be entered against him.\n  (b) From other appellate courts. An appeal may be taken to the\nappellate division as of right from an order of a county court or a\nspecial term of the supreme court which determines an appeal from a\njudgment of a lower court.\n

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