The title of this article suggests a notion that, in light of the highly complex and sophisticated rules of appellate procedure, is absurd. However, this very issue lies at the heart of the majority's compelling opinion, penned by Presiding Justice Diane T. Renwick, in Favourite v Cico, 208 A.D.3d 99 [1st Dept 2022]: "This appeal raises the interesting question of whether a trial court has the discretion to grant a plaintiff leave to amend a complaint, pursuant to CPLR 3025 (b), after the Appellate Division has already ordered the complaint dismissed, with direction to enter judgment."

The Rules Governing the Duties of a Lower Court Upon Remand, Ministerial Acts

First, it is settled law that " '[a] trial court, upon remittitur, lacks the power to deviate from the mandate of the higher court" '…"An order or judgment entered by the lower court on a remittitur 'must conform strictly to the remittitur'"…The language in the decretal paragraph controls the extent of the remittitur." Daniele v. Pain Management Center of Long Island, 189 A.D.3d 1351, 1352 [2d Dept. 2020]; Stassa v. Stassa, 63 N.Y.S.3d 463, 465 [2d Dept. 2017]; Breidbart v. Wiesenthal, 93 A.D.3d 751, 752[2d Dept. 2012] ("A trial court, upon remittitur from a higher court, must obey the mandate of the higher court."); Trager v. Kampe, 16 A.D.3d 426 (2d Dept. 2005] ("[W]hen the decision and order of this court [] was affirmed by the Court of Appeals, the proceeding 'had to be remitted by the Court of Appeals to the trial court, and on that remittitur the Supreme Court had to enter a judgment' . . . The petitioner's filing of a note of issue was contrary to the terms of the remittitur."); Maracina v. Schirrmeister, 152 A.D.2d 502, 544 N.Y.S.2d 13 (1^st Dept. 1989) ("Respondent cites no authority, and…none exists, to support the judge's disregard of the earlier order of this court. Trial courts are without authority to vacate or modify orders of the Appellate Division, or to reverse holdings of this court."