You lost your appeal in the Appellate Division. What do you do next? Unless the decision is appealable as of right (see CPLR 5601), you may have to take your lumps and move on. Under the right circumstances, however, there are three potential paths to further review—though success is rare and there are many considerations to take into account. This article explores their interplay.
Motion to the Appellate Division for Leave to Reargue. A motion for leave to reargue must be made within 30 days of service of notice of entry of the Appellate Division’s order. It asks the Appellate Division to modify its ruling “based upon matters of fact or law allegedly overlooked or misapprehended by the court” in deciding the original appeal, and may not include “any matters of fact not offered” in connection with that appeal. CPLR 2221(d)(2).
