[quote=pabloesqobar]Still one level of appeal left to the Defendants.

http://en.wikipedia.org/wiki/New_York_Supreme_Court

Google is your friend.[/quote]

But at this point, they need leave to appeal
or they need a conflicting ruling from another department of the Appellate division.

If i got it right, they have an appeal by right to the appellate division, they don’t have a appeal by right to the NY Court of Appeals.

Much as in Federal law. You can appeal a district court ruling to the appellate court, but the Supremes need to decide to take a case.