Residents of of New York City and other parts of the state may want to learn more about the process that determines when a civil appeal may reach the New York State Court of Appeals. There are several ways.
Here are the four ways in which a case may get to this court:
- By leave of the court
- By leave of the Appellate Division
- On a party’s appeal by a matter of right
- By questions certified by another court which it accepts for review
By leave of the court
This is the most common way for a case to reach the court. More than 40 percent of civil appeals are grounded on this basis.
The court can grant leave to review a final judgment issued by the Appellate Division. Less common is that the court can grant leave directly from a final judgment issued by a lower court or an administrative agency, bypassing the Appellate Division.
By leave of the Appellate Division
The Appellate Division is not limited. It may grant leave to appeal from any final or non-final order, except an order granting a new trial. In some cases, the Appellate Division will be a party’s only meaningful option for seeking a Court of Appeals review.
On a party’s appeal by a matter of right
In some instances, a party that has lost in the Appellate Division may appeal to the Court of Appeals automatically. They need not seek leave. However, the best practice is to draft a jurisdictional letter response before the filing of the appeal.
By questions certified by another court
This requires certification from a federal court of appeals or a state court of last resort. This is for cases where “no controlling precedent of the Court of Appeals exists.”