Section 5701. Appeals to appellate division from supreme and county courts

(a) Appeals as of right.  An  appeal  may  be  taken  to  the  appellate
  division as of right in an action, originating in the supreme court or a
  county court:
    1.  from  any  final  or  interlocutory  judgment  except  one entered
  subsequent to an order of the appellate division which disposes  of  all
  the issues in the action; or
    2. from an order not specified in subdivision (b), where the motion it
  decided was made upon notice and it:
    (i) grants, refuses, continues or modifies a provisional remedy; or
    (ii)   settles,  grants  or  refuses  an  application  to  resettle  a
  transcript or statement on appeal; or
    (iii) grants or refuses a new trial; except where  specific  questions
  of  fact  arising upon the issues in an action triable by the court have
  been tried by a jury, pursuant to an order for  that  purpose,  and  the
  order grants or refuses a new trial upon the merits; or
    (iv) involves some part of the merits; or
    (v) affects a substantial right; or
    (vi)  in  effect  determines  the  action and prevents a judgment from
  which an appeal might be taken; or
    (vii)  determines  a  statutory  provision  of   the   state   to   be
  unconstitutional,  and  the determination appears from the reasons given
  for the decision or is necessarily implied in the decision; or
    (viii)  grants  a  motion  for  leave  to  reargue  made  pursuant  to
  subdivision  (d)  of rule 2221 or determines a motion for leave to renew
  made pursuant to subdivision (e) of rule 2221; or
    3. from an order, where the motion it decided was  made  upon  notice,
  refusing  to  vacate  or  modify a prior order, if the prior order would
  have been appealable as of right under paragraph two had  it  decided  a
  motion made upon notice.
    (b)  Orders  not appealable as of right. An order is not appealable to
  the appellate division as of right where it:
    1. is made in a proceeding against  a  body  or  officer  pursuant  to
  article 78; or
    2.  requires  or  refuses  to  require  a more definite statement in a
  pleading; or
    3. orders or refuses to order that scandalous or prejudicial matter be
  stricken from a pleading.
    (c) Appeals by permission. An appeal may be  taken  to  the  appellate
  division from any order which is not appealable as of right in an action
  originating  in the supreme court or a county court by permission of the
  judge who made the order granted before application to a justice of  the
  appellate  division;  or  by  permission  of  a justice of the appellate
  division in the department to which the  appeal  could  be  taken,  upon
  refusal by the judge who made the order or upon direct application.