N.Y. C.P.L.R. 5517

§ 5517. Subsequent orders. (a) Appeal not affected by certain\nsubsequent orders. An appeal shall not be affected by:\n 1. the granting of a motion for reargument or the granting of an order\nupon reargument making the same or substantially the same determination\nas is made in the order appealed from; or\n 2. the granting of a motion for resettlement of the order appealed\nfrom; or\n 3. the denial of a motion, based on new or additional facts, for the\nsame or substantially the same relief applied for in the motion on which\nthe order appealed from was made.\n (b) Review of subsequent orders. A court reviewing an order may also\nreview any subsequent order made upon a motion specified in subdivision\n(a), if the subsequent order is appealable as of right.\n