An appeal may be taken from a judgment refusing to grant a writ of habeas corpus or refusing an order to show cause issued under subdivision (a) of section 7003, or from a judgment made upon the return of such a writ or order to show cause. A person to whom notice is given pursuant to subdivision (a) of section 7009 is a party for purposes of appeal. The attorney-general may appeal in the name of the state in any case where a district attorney might do so. Where an appeal from a judgment admitting a person to bail is taken by the state, his release shall not be stayed thereby.
§ 7011.Appeal.
Article 70. Habeas Corpus · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7011 allows an appeal from a judgment that refuses to grant a habeas corpus writ or order to show cause, or from a judgment entered on the writ's return, and lets the attorney general appeal in the state's name without staying a bail release.
Full Text of CPLR 7011
Plain-English Summary
CPLR 7011 opens an appellate path out of a habeas corpus proceeding. Either side can appeal from a judgment that refuses to grant the writ or the order to show cause described in section 7003(a), and either side can appeal from the judgment entered once the writ or order is returned and decided on the merits. Anyone given notice of the hearing under section 7009(a) -- the person or attorney behind a civil mandate, the family court judge, or the relevant district attorney -- counts as a party for purposes of that appeal, even though they may not have been a named party to the underlying proceeding.
The attorney general can step into a district attorney's shoes on appeal, bringing the appeal in the name of the state wherever a district attorney could have. And if the state appeals from a judgment admitting someone to bail, that appeal does not automatically stay the person's release -- the appeal proceeds, but the person goes free on the terms the judgment set unless a court orders otherwise.
Frequently Asked Questions
Can you appeal a decision denying a habeas corpus writ?
Yes, CPLR 7011 allows an appeal from a judgment refusing to grant the writ or the order to show cause under section 7003(a).
Who counts as a party for purposes of a habeas corpus appeal?
Anyone given notice of the hearing under section 7009(a), such as the person behind a civil mandate, the family court judge, or the relevant district attorney, even if not formally a party below.
Can the attorney general appeal a habeas corpus decision?
Yes, in the name of the state, anywhere a district attorney would have been able to appeal.
Does an appeal from a bail judgment stop the person's release?
No, where the state appeals a judgment admitting a person to bail, the release is not stayed by that appeal.
Can you appeal a judgment entered after the writ's return is decided on the merits?
Yes, section 7011 allows an appeal from a judgment made upon the return of the writ or order to show cause.
Advisory Committee Notes
This section is derived from CPA §§ 1274 and 1275 and the last sentence of CPA § 1258. It permits any party to appeal any adverse final judgment, including a judgment refusing to release the prisoner except on bail. The third sentence of the section is based upon the final sentence of CPA § 1258. The last sentence of the section embodies CPA § 1275. CPA § 1276–originally enacted as an amendment to the habeas corpus laws of New York in 1873 (Laws 1873, c 663, § 1)–is omitted. It seems to have required a judge who had refused to discharge a prisoner committed on a bailable offense to fix such bail upon the application of the prisoner, where the latter had perfected or intended to take an appeal from the judge’s order. There is no reason to make bail in such a case mandatory after it has been once refused, and a judge hearing the return of a writ of habeas corpus finds the refusal lawful. See § 7010(b) and notes.
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: CPLR 7011 habeas corpus appealappeal denial of habeas corpus New Yorkattorney general appeal habeas corpus NY