Section 5602. Appeals to the court of appeals by permission

(a) Permission
  of appellate division or court of appeals. An appeal may be taken to the
  court of appeals by permission of the appellate division granted  before
  application  to  the  court of appeals, or by permission of the court of
  appeals  upon  refusal  by  the  appellate  division  or   upon   direct
  application.  Permission  by  an  appellate division for leave to appeal
  shall be pursuant  to  rules  authorized  by  that  appellate  division.
  Permission by the court of appeals for leave to appeal shall be pursuant
  to  rules  authorized  by  the  court  which shall provide that leave to
  appeal be granted upon the approval  of  two  judges  of  the  court  of
  appeals. Such appeal may be taken:
    1.  in  an  action originating in the supreme court, a county court, a
  surrogate's  court,  the  family  court,  the  court   of   claims,   an
  administrative agency or an arbitration,
    (i)  from  an order of the appellate division which finally determines
  the action and which is not appealable as of right, or
    (ii) from a final judgment of such court, final determination of  such
  agency  or final arbitration award where the appellate division has made
  an order on a prior appeal in the action which necessarily  affects  the
  final   judgment,   determination  or  award  and  the  final  judgment,
  determination or award  is  not  appealable  as  of  right  pursuant  to
  subdivision (d) of section 5601 of this article; and
    2.  in  a  proceeding  instituted  by  or  against  one or more public
  officers or a board, commission or other body of public  officers  or  a
  court  or  tribunal,  from an order of the appellate division which does
  not  finally  determine  such  proceeding,  except  that  the  appellate
  division  shall not grant permission to appeal from an order granting or
  affirming the granting of a new trial or hearing.
    (b) Permission of appellate division. An appeal may be  taken  to  the
  court of appeals by permission of the appellate division:
    1.  from  an  order  of  the appellate division which does not finally
  determine an action, except an  order  described  in  paragraph  two  of
  subdivision  (a)  or  subparagraph (iii) of paragraph two of subdivision
  (b) of this section or in subdivision (c) of section 5601;
    2. in an action originating in a court other than the supreme court, a
  county court, a surrogate's court, the family court, the court of claims
  or an administrative agency.
    (i) from an order of the appellate division which  finally  determines
  the  action,  and  which  is  not  appealable  as  of  right pursuant to
  paragraph one of subdivision (b) of section 5601, or
    (ii) from a final judgment of such court or a final  determination  of
  such  agency  where  the appellate division has made an order on a prior
  appeal in the action which necessarily affects  the  final  judgment  or
  determination  and the final judgment or determination is not appealable
  as of right pursuant to subdivision (d) of section 5601, or
    (iii) from an order of the appellate division  granting  or  affirming
  the  granting  of  a new trial or hearing where the appellant stipulates
  that, upon affirmance, judgment absolute shall be entered against him.