CPL § 460.20

Certificate granting leave to appeal to court of appeals · as in force on May 31, 2026

§ 460.20 Certificate granting leave to appeal to court of appeals.

1. A certificate granting leave to appeal to the court of appeals from an order of an intermediate appellate court is an order of a judge granting such permission and certifying that the case involves a question of law which ought to be reviewed by the court of appeals.

2. Such certificate may be issued by the following judges in the indicated situations:

(a) Where the appeal sought is from an order of the appellate division, the certificate may be issued by (i) a judge of the court of appeals or (ii) a justice of the appellate division of the department which entered the order sought to be appealed.

(b) Where the appeal sought is from an order of an intermediate appellate court other than the appellate division, the certificate may be issued only by a judge of the court of appeals.

3. An application for such a certificate must be made in the following manner:

(a) An application to a justice of the appellate division must be made upon reasonable notice to the respondent;

(b) An application seeking such a certificate from a judge of the court of appeals must be made to the chief judge of such court by submission thereof, either in writing or first orally and then in writing, to the clerk of the court of appeals. The chief judge must then designate a judge of such court to determine the application. The clerk must then notify the respondent of the application and must inform both parties of such designation.

4. A justice of the appellate division to whom such an application has been made, or a judge of the court of appeals designated to determine such an application, may in his discretion determine it upon such papers as he may request the parties to submit, or upon oral argument, or upon both.

5. Every judge or justice acting pursuant to this section shall file with the clerk of the court of appeals, immediately upon issuance, a copy of every certificate granting or denying leave to appeal.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/460.20

In plain English

A certificate under this section lets a party seek Court of Appeals review of a question of law from an intermediate appellate court order.

(1) The certificate is a judge’s order granting permission and certifying that a legal question should be reviewed.
(2) For an Appellate Division order, either a Court of Appeals judge or a justice of the Appellate Division department that entered the order may issue it. For any other intermediate appellate court order, only a Court of Appeals judge may issue it. ★
(3) An application to an Appellate Division justice requires reasonable notice to the respondent. An application to a Court of Appeals judge goes to the chief judge through the court clerk, orally and then in writing or directly in writing; the chief judge designates a judge; the clerk notifies the respondent of the application and tells both parties who was designated.
(4) The deciding judge or justice may use requested papers, oral argument, or both.
(5) Every acting judge or justice must immediately file with the Court of Appeals clerk a copy of each certificate granting or denying leave.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.