Except as provided in subdivision (d) of rule 511, an appeal to the appellate division shall be brought in the department embracing the county in which the judgment or order appealed from is entered and there heard and determined unless, in furtherance of justice, the appeal is sent to another department.
§ 5711.Where appeal heard.
Article 57. Appeals to the Appellate Division · Last amended 1965 · Last verified July 21, 2026
In one sentenceCPLR 5711 requires that an appeal to the Appellate Division be brought and heard in the department covering the county where the appealed judgment or order was entered, unless the appeal is sent to another department in the interest of justice.
Full Text of CPLR 5711
Plain-English Summary
New York splits the Appellate Division into four departments, each covering a set of counties. CPLR 5711 sets the default venue rule for getting an appeal to the right one.
An appeal belongs in the department that embraces the county where the judgment or order being appealed was entered, and that's where it has to be brought and decided. The rule keeps appellate venue tied to where the case was litigated below, rather than leaving parties to shop for a department.
The rule bends only when justice calls for it: a case can be sent to a different department if keeping it in the home department wouldn't serve the ends of justice, and CPLR 511(d) supplies its own exception to how this section applies.
Frequently Asked Questions
Which Appellate Division department hears my appeal?
The department covering the county where the judgment or order you're appealing was entered.
Can an appeal be transferred to a different Appellate Division department?
Yes. CPLR 5711 allows a case to be sent to another department when justice requires it.
How many Appellate Division departments does New York have?
Four, each covering a defined group of counties, and CPLR 5711 ties appellate venue to the county where the appealed judgment or order was entered.
What happens if I file an appeal in the wrong department?
CPLR 5711 sets the department by the county of entry as the default, though the court can send the appeal to another department in the interest of justice.
Is there an exception to the CPLR 5711 venue rule?
Yes. The section applies except as provided in CPLR 511(d).
Advisory Committee Notes
This section is derived from CPA §§ 617 and 618. It is intended that the words “furtherance of justice” retain their former meaning in § 618 as well as encompass four particular situations: (1) Lack of a quorum of four justices. Const art VI, § 2. (2) Lack of concurrence of three justices. Ibid. (3) Inability to dispose of business within a reasonable time. Ibid. (4) Where the order was granted or the case tried before a judge who is now one of the justices of the Appellate Division. CPA § 618.
Amendment History
Add, L 1962, ch 308; amd, L 1965, ch 338, eff Sept 1, 1965.
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: which appellate division departmentappellate division venue New Yorkwhere to file appeal New Yorktransfer appeal to another department