CPLR § 5517

Subsequent orders

§ 5517. Subsequent orders. (a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by:

1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is made in the order appealed from; or

2. the granting of a motion for resettlement of the order appealed from; or

3. the denial of a motion, based on new or additional facts, for the same or substantially the same relief applied for in the motion on which the order appealed from was made.

(b) Review of subsequent orders. A court reviewing an order may also review any subsequent order made upon a motion specified in subdivision (a), if the subsequent order is appealable as of right.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5517

In plain English

(a) Your appeal is not affected by: granting reargument (that reaches the same result), granting resettlement of the order, or denying a fresh motion for the same relief on new facts.
(b) A court reviewing an order may also review a later order from one of those motions, if that later order is appealable as of right.

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.