(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.
§ 5517.Subsequent orders.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5517 protects a pending appeal from being derailed by certain later trial-court orders -- reargument, resettlement, or denial of a repeat motion on the same grounds -- and lets the appellate court also review any such later order that is itself appealable as of right.
Full Text of CPLR 5517
(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.
Plain-English Summary
Litigation rarely stops the moment a notice of appeal is filed, and CPLR 5517 makes sure routine trial-court activity afterward does not undo the appeal already taken. Under subdivision (a), an appeal is not affected by the granting of reargument (or an order on reargument reaching the same or substantially the same result), the granting of a motion to resettle the order appealed from, or the denial of a later motion seeking the same or substantially the same relief based on new or additional facts.
Subdivision (b) then lets the court reviewing the original order also review any of those later orders, as long as the later order is itself appealable as of right. That keeps the parties from having to file and brief a second, separate appeal just to capture a resettlement or reargument ruling that grew out of the same dispute.
Frequently Asked Questions
Does moving for reargument below wipe out my pending appeal?
No. CPLR 5517(a) provides that an appeal is not affected by the granting of reargument, or by an order on reargument that reaches the same or substantially the same determination as the order already appealed from.
Can the appellate court review a resettlement order along with the original order?
Yes, if the resettlement order is itself appealable as of right. CPLR 5517(b) lets the court reviewing the original order also review that later order without a separate appeal.
What if I lose a renewed motion seeking the same relief after I already appealed?
CPLR 5517(a)(3) provides that the denial of a motion for the same or substantially the same relief, based on new or additional facts, does not affect the pending appeal.
Do I need to file a new notice of appeal every time the trial court resettles its order?
Not necessarily. Because CPLR 5517 protects the original appeal from being disturbed and lets the reviewing court also take up an appealable resettlement order, a separate notice of appeal is often unnecessary.
Does CPLR 5517 apply to any order granting reargument, no matter the outcome?
It applies where the order on reargument reaches the same or substantially the same determination as the order appealed from; a materially different outcome on reargument is not the situation this section addresses.
Advisory Committee Notes
This section is taken from CPA § 562-a which was enacted recently upon the recommendation of the Judicial Council. See 17 NY Jud Council Rep 205–211 (1951). The objective of the enactment was to prevent the dismissal of an appeal duly taken from certain orders when a subsequent order is entered (1) granting reargument but adhering to the original determination or (2) granting resettlement of the original order or (3) denying a motion based on new or additional facts for a renewal or rehearing of the original motion. Under former law, the subsequent order was appealable as of right and thus there was some justification for the decisions prior to 1951 which held that their entry required dismissal of the original appeal. See id at 210. Under § 5701(a) the great majority of these subsequent orders would not be appealable as of right and it is difficult to conceive of a court holding that a subsequent order which is appealable only by permission requires the dismissal of the original appeal. However, under the new CPLR some subsequent orders, such as those continuing provisional remedies, may be appealed as of right. This section is required to cover these situations.
Subd (a) of this section is taken from the first paragraph of section 562-a, excluding the last sentence, with only minor language changes.
Subd (b) of this section is derived from the last sentence of the first paragraph of § 562-a, which has been altered to cover only subsequent orders which would be appealable as of right. If the order is appealable as of right it may be reviewed whether or not an appeal has been taken from it. See 17 NY Jud Council Rep 210 (1951). The appellant is free to seek permission to appeal from other subsequent orders under § 5701(c).
The last paragraph of § 562-a, which stated that the section did not apply when an appeal was taken from such a subsequent order and did not affect the right to take such an appeal, is omitted as unnecessary.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: reargument during pending appeal New Yorkresettlement order appeal NYCPLR 5517 subsequent ordersdoes reargument affect my appeal