A head teacher ordered to pay £20,000 after a young pupil died has been given leave to appeal against the conviction.
Kian Williams was playing Batman when he fell
James Porter, 66, owner of Hillgrove, a private school in Bangor, Gwynedd, was found guilty of breaching health and safety laws in July 2007.
It followed the death of three-year-old Kian Williams from Bethesda a month after falling on steps at the school.
He developed an MRSA infection in hospital after the incident and died in August 2004.
During a trial at Mold Crown Court, a jury heard how Kian had been allowed unsupervised access to the steps at the school, which exposed him and the 10 other three and four-year-olds in the kindergarten class to a risk to their health or safety.
The court was told that that Kian had been playing Batman when he jumped and fell.
The head was fined £12,500 and ordered to pay £7,500 costs.
His solicitor Steffan Groch has confirmed that an a bid to overturn the conviction was lodged with the Court of Appeal in the summer.
"The appeal papers were lodged within 14 days of the conviction," said Mr Groch.
"I can confirm that Mr Porter has now been notified that he has been granted leave for that appeal to proceed."
The Health and Safety Executive, which investigated the original incident and brought the prosecution, said that in light of the case being active, no further comment would be made.