N.Y. Civil Practice Law & Rules § 5517
Subsequent orders
- (a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by:
- 1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is made in the order appealed from; or
- 2. the granting of a motion for resettlement of the order appealed from; or
- 3. the denial of a motion, based on new or additional facts, for the same or substantially the same relief applied for in the motion on which the order appealed from was made.
- (b) Review of subsequent orders. A court reviewing an order may also review any subsequent order made upon a motion specified in subdivision (a), if the subsequent order is appealable as of right.