N.Y. C.P.L.R. 5615

§ 5615. Disposition upon appeal from order granting new trial or\nhearing. When an appeal to the appellate division presented questions of\nfact and a further appeal is taken pursuant to subdivision (c) of\nsection 5601, or subparagraph (iii) of paragraph two of subdivision (b)\nof section 5602, the court of appeals shall affirm the order appealed\nfrom and shall render judgment or order absolute against the appellant\nunless the order or opinion of the appellate division recites either\nthat the questions of fact have not been considered or that the court\nhas considered the questions of fact and has determined that it would\nnot grant a new trial or hearing upon those questions.\n