An appeal may be taken to the appellate division from any judgment or order of a court of original instance other than the supreme court or a county court in accordance with the statute governing practice in such court.
§ 5702.Appeals to appellate division from other courts of original instance.
Article 57. Appeals to the Appellate Division · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5702 routes appeals from courts of original instance other than the supreme court or a county court to the rules governing practice in whichever court entered the judgment or order.
Full Text of CPLR 5702
Plain-English Summary
Not every case starts in the supreme court or a county court. New York's trial courts include the New York City Civil and Criminal Courts, district courts, city courts outside New York City, and others, each with its own statute governing practice. CPLR 5702 makes clear that the CPLR's own appeal-as-of-right scheme in CPLR 5701 doesn't automatically extend to those courts.
Instead, an appeal from a judgment or order of one of those courts goes to the Appellate Division following whatever statute governs practice in that particular court, such as the Uniform City Court Act or the New York City Civil Court Act. The CPLR steps back and lets each court's own governing statute set the terms.
Frequently Asked Questions
Does CPLR 5701 apply to New York City Civil Court appeals?
No. CPLR 5702 sends appeals from courts other than the supreme court or a county court to the statute that governs practice in that court, such as the New York City Civil Court Act.
How do you appeal a judgment from a district court or city court in New York?
Follow the appeal procedure in the statute governing that particular court's practice, since CPLR 5702 defers to those statutes rather than applying CPLR 5701 directly.
What does CPLR 5702 govern?
Appeals to the Appellate Division from judgments or orders of courts of original instance other than the supreme court and county courts.
Why doesn't CPLR 5701 apply to every trial court?
Because CPLR 5702 carves those other courts out and points instead to each court's own governing statute for its appeal rules.
Where do you find the appeal rules for a New York City Civil Court judgment?
In the statute governing that court's practice, such as the New York City Civil Court Act, not in CPLR 5701.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 5701, under subheading “Appeals in cases originating in courts other than Supreme Court and County Court.”). This section is inserted to make it clear that appeals to the Appellate Division may also be taken whenever a specific statute provides for such an appeal. Many city court acts so provide if the amount involved exceeds a specified sum. See 9 Carmody-Wait, Cyclopedia of New York Practice 635 (1954). Section 24 of the Court of Claims Act and § 288 of the Surrogate’s Court Act also provide for appeals to the Appellate Division.
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: appeal from city court New Yorkappeal from district court New Yorkappeal New York City Civil Court judgmentappellate division appeal lower court