Under New York law, an appeal to the Court of Appeals may be taken from an appellate division order when there is dissent by at least two justices on a question of law.

• A. From any order of the Appellate Division
• B. Only after the Supreme Court certifies
• C. When there is dissent by at least two justices on a question of law
• D. Only in criminal cases.

Answer: (C)

In New York, the highest court normally reviews Appellate Division decisions only by permission, but there is a limited as-of-right path when two justices on the Appellate Division dissent on a question of law. That dissent signals a significant disagreement on a legal issue, triggering automatic review by the Court of Appeals. Because the question states that an appeal may be taken only when there is a dissent by at least two justices on a question of law, it matches this specific rule and is therefore the correct option.

This isn’t about appealability of every Appellate Division order, which would require leave to appeal in most cases; it isn’t contingent on certification by the Supreme Court, and it isn’t limited to criminal cases.