Elliott Scheinberg. Courtesy photo Appealability of Prejudgment Orders: CPLR 5512, Court of Appeals, Legislative Intent
This article discusses the appealability of prejudgment orders.
November 03, 2024 at 09:00 AM
10 minute read
An appellant must satisfy three jurisdictional predicates before the Appellate Division may entertain the merits of the appeal: aggrievement (CPLR 5511); appealable paper (CPLR 5512) and timeliness (CPLR 5513). This article examines the word "order" in CPLR 5512(a) and its limitations in the second department when occurring in the context of a prejudgment "decision and order" following a trial in an action commenced by summons and complaint. In a previous article, CPLR 5512(a): "hallmarks", "essential requirements", "substance", other indicia of an "drder," NYLJ, March 27, 2026, this column treated additional interesting treatments of CPLR 5512(a) including appeals from letter orders.
CPLR 5512(a) provides, as pertains here: "An initial appeal shall be taken from the judgment or order of the court of original instance." It is an absolute that "[n]o appeal lies from a decision." Sims v Coughlin, 86 NY2d 776 [1995]; Gunn v Palmieri, 86 NY2d 830 [1995]. "A decision is not an appealable paper." Howell v. State, 169 A.D.3d 1208, n. 1 [3d Dept 2019]; BNG Properties, LLC v. Sanborn, 153 A.D.3d 1221 [2d Dept 2017].
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