Section 5615. Disposition upon appeal from order granting new trial or hearing

When an appeal to the appellate division presented questions of
  fact and a further appeal  is  taken  pursuant  to  subdivision  (c)  of
  section  5601, or subparagraph (iii) of paragraph two of subdivision (b)
  of section 5602, the court of appeals shall affirm  the  order  appealed
  from  and  shall render judgment or order absolute against the appellant
  unless the order or opinion of the  appellate  division  recites  either
  that  the  questions  of fact have not been considered or that the court
  has considered the questions of fact and has determined  that  it  would
  not grant a new trial or hearing upon those questions.