Section 5612. Presumptions as to determinations of questions of fact

(a)
  Appeal from reversal or modification. On an appeal from an order of  the
  appellate division reversing, modifying or setting aside a determination
  and  rendering  a  final  or interlocutory determination, except when it
  reinstates a verdict, the court of appeals shall presume that  questions
  of  fact as to which no findings are made in the order or opinion of the
  appellate division were not considered by it, where  such  findings  are
  required to be made by paragraph two of subdivision (b) of rule 5712.
    (b)  Appeal  on  certified questions of law. On an appeal on certified
  questions of law, the court of appeals shall presume that  questions  of
  fact  as  to which no findings are made in the order granting permission
  to appeal or in the order  appealed  from  or  in  the  opinion  of  the
  appellate  division  were  determined  in  favor  of  the  party  who is
  respondent in the court of appeals.