Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM Post-Judgment Appeals of Prior Non-Final Orders
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."
November 01, 2022 at 12:00 PM
10 minute read
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.
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