§ 5. Appeals from judgment or order; power of appellate court; transfer of appeals taken to unauthorized appellate court.
165 words·~1 min read·
/ny/constitution/judiciary/5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5. a. Upon an appeal from a judgment or an order, any appellate
court to which the appeal is taken which is authorized to review such
judgment or order may reverse or affirm, wholly or in part, or may
modify the judgment or order appealed from, and each interlocutory
judgment or intermediate or other order which it is authorized to
review, and as to any or all of the parties. It shall thereupon render
judgment of affirmance, judgment of reversal and final judgment upon the
right of any or all of the parties, or judgment of modification thereon
according to law, except where it may be necessary or proper to grant a
new trial or hearing, when it may grant a new trial or hearing.
b. If any appeal is taken to an appellate court which is not
authorized to review such judgment or order, the court shall transfer
the appeal to an appellate court which is authorized to review such
judgment or order.