Thomas R. Newman and Steven J. Ahmuty Jr.
In our recent column, Recurring Pitfalls in Taking Appeals, N.Y.L.J (March 5, 2019), we discussed the requirement of serving and filing a notice of appeal “within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry” (see CPLR 5513[a]). This time limitation “is nonwaivable and jurisdictional.” See Jones Sledzik Garneau & Nardone v. Schloss, 37 A.D.3d 417 (2d Dep’t 2007).
This month, we examine two other jurisdictional considerations: “aggrievement” (CPLR 5511) and “appealable paper” (CPLR 5512). The volume of cases addressing these threshold requirements suggests that would-be appellants often overlook them, resulting in dismissal of their appeal for lack of appellate jurisdiction.
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