CPLR § 5512

Appealable paper; entry of order made out of court

§ 5512. Appealable paper; entry of order made out of court. (a) Appealable paper. An initial appeal shall be taken from the judgment or order of the court of original instance and an appeal seeking review of an appellate determination shall be taken from the order entered in the office of the clerk of the court whose order is sought to be reviewed. If a timely appeal is taken from a judgment or order other than that specified in the last sentence and no prejudice results therefrom and the proper paper is furnished to the court to which the appeal is taken, the appeal shall be deemed taken from the proper judgment or order.

(b) Entry of order made out of court. Entry of an order made out of court and filing of the papers on which the order was granted may be compelled by order of the court from or to which an appeal from the order might be taken.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5512

In plain English

(a) A first appeal is taken from the judgment or order of the court of original instance; an appeal of an appellate ruling is taken from the order entered in that clerk's office. If someone timely appeals from the wrong paper but nobody is prejudiced and the right paper is supplied, the appeal is treated as taken from the correct one.
(b) Entry of an order made out of court can be compelled by the court from or to which the appeal could be taken.

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 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.