Elliott Scheinberg 'Charalabidis v. Elnagar': 'Grisi' Redux, Part II
This article is the second of a two-part analysis of a reemerged issue, brought to the forefront by 'Charalabidis v. Elnagar' and 'Matter of Cassini', wherein two courts did not issue written decisions and orders following written motions thereby rendering those orders nonappealable.
December 01, 2020 at 11:30 AM
12 minute read
Part II of this column continues the appellate rebuke of judges who deliberately frustrate the statutory right of aggrieved parties to take an appeal by refusing to sign their names to orders they have issued. In Charalabidis v. Elnagar, 188 A.D.3d 44 (2d Dept. 2020), a scholarly exegesis written by Justice Mark Dillon, the Second Department not only applied the case law discussed in Part I of this column, but also added depth to the analysis by way of an extensive review of CPLR 2219.
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