Judge Reena Raggi of the 2nd U.S. Circuit Court of Appeals on Friday granted Kerik's motion for an expedited appeal and said it would be heard Thursday in Manhattan.
However, she refused to block the order that revoked Kerik's bail for sharing secret pretrial information.
Kerik, whose White Plains trial has been postponed while the appeal goes forward, is accused of accepting renovations to his co-op in exchange for recommending a company that wanted to do business with New York City. He has pleaded not guilty.
He is in the Westchester County Jail. Kerik became the first former police commissioner to end up in jail when a judge revoked his bail for allegedly attempting to taint the jury pool in his upcoming corruption trial. He refused to ask to be isolated from the general prison population, but given his history in law enforcement, jail officials separated him anyway.
Kerik, a one-time national Sept. 11 hero and nominee for Homeland Security, now lives in a single-bed cell, which visitors described as not much more than a putrid-smelling closet with an open toilet, according to the Daily News.