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Civil Practice Law & Rules 5517

CPLR 5517: Subsequent  orders.

CPLR 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.

This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 5517 are frequently amended, and no representation is made that the above version of CPLR 5517 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.

If you have any questions or comments, please feel free to contact Mr. Barics at or (631) 864-2600. For more articles and information, please visit

J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York

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