N.Y. C.P.L.R. 7011

§ 7011. Appeal. An appeal may be taken from a judgment refusing to\ngrant a writ of habeas corpus or refusing an order to show cause issued\nunder subdivision (a) of section 7003, or from a judgment made upon the\nreturn of such a writ or order to show cause. A person to whom notice is\ngiven pursuant to subdivision (a) of section 7009 is a party for\npurposes of appeal. The attorney-general may appeal in the name of the\nstate in any case where a district attorney might do so. Where an appeal\nfrom a judgment admitting a person to bail is taken by the state, his\nrelease shall not be stayed thereby.\n