As long-time practitioners in and devotees of the Court of Appeals, we would like to thank Chief Judge Rowan D. Wilson for taking important steps to correct the court’s “embarrassingly low” caseload during the last few years, welcoming more certified questions from the Appellate Division and allotting more time for oral argument to explore the complex questions presented to the court for decision. See NYLJ, 10/26/2023, p.1, cols. 5-6. These are important steps on the way to restoring the reputation of the court as one of, if not the, premier state appellate court in the United States.

New York is generous with immediate 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]).

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