1. Except as otherwise provided in this act either expressly or by necessary implication all of those provisions of the CPLR which govern appeals generally, CPLR article 55, and appeals to the appellate division from judgments and orders of the supreme court, CPLR article 57, and such other CPLR provisions as are relevant in conjunction with such appeals shall be applicable to appeals from decrees and orders of this court. For such purpose the following terms as used in the CPLR shall have the meanings ascribed:

Terms Used In N.Y. Surrogates Court Procedure Law 2701

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Verdict: The decision of a petit jury or a judge.
(a) “Action” shall mean “proceeding”;
(b) “Judgment” shall mean “decree”;
(c) “Plaintiff” shall mean “petitioner” or “applicant”; and
(d) “Defendant” shall mean “respondent”.
2. In the event a verdict was not returned an appeal may be taken from an order denying a motion for the direction of judgment.