On a related subject, Mayor Bloomberg stated to the press that he wanted the City's attorneys to appeal Justice Ling-Cohan's decision on same-sex marriage in New York straight to the New York Court of Appeals. Can the City do that?
It appears so from what I can glean from Justice Ling-Cohan's decision. Under CPLR 5601(b)(2), the City can appeal as of right straight to the Court because the decision resolves the constitutionality of a section of the Domestic Relations Law. Since the issue was resolved on a declaratory judgment action, the decision appears final.