New York is generous with appeals “as of right” to the Appellate Division from non-final (interlocutory) orders of the Supreme Court. Almost every type of non-final order is separately appealable to the Appellate Division as of right, about the only qualification being that it “involves some part of the merits” or “affects a substantial right.” See CPLR 5701(a)(2)(iv-v). Every order of sufficient importance to be worth the cost of an appeal is likely to fall into one of these two categories and is therefore assured interlocutory appellate review, should the aggrieved party so elect.

CPLR 5701(b) lists a few orders that are not appealable to the Appellate Division as of right, including orders in Article 78 proceedings, and orders requiring or refusing to require a more definite statement in a pleading, or ordering or refusing to order that scandalous or prejudicial matter be stricken from a pleading. Such orders are appealable only by permission (see CPLR 5701[c]).

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