The ruling was made by New York State of Appeals Chief Judge Janet DiFiore today and is set to take place next year.
The appeal will include oral arguments, Metro has reported.
Weinstein has commented on the decision through a spokesperson admitting he is "so grateful".
"I am so grateful to my attorneys for working hard and smart on this," he stated, adding, "Their hard work will help me prove my innocence in the end."
If the appeal is successful the court could order a new trial, reverse the ruling of his 2020 conviction or modify his conviction by upholding and vacating some charges.
The court could alternatively rule to uphold the 70-year-old's 2020 conviction.
Weinstein is serving a 23-year sentence after his 2020 conviction in New York for raping an aspiring actress in a New York City hotel room in 2013 and sexually assaulting production assistant Mimi Haleyi at his apartment in 2006.
He is jailed in California, where he was extradited last year, and is awaiting trial on charges he assaulted five women in Los Angeles and Beverly Hills from 2004 to 2013.
Additionally, British prosecutors authorised police in June to charge the former film mogul with two counts of indecent assault against a woman in London in 1996.
The Crown Prosecution Service said following a review of evidence, that "charges have been authorised" against Weinstein.
Adding the alleged offences against the woman occurred in July and August 1996.
Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.
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