Not every appeal is disposed of on the merits. An appellate court may dismiss an appeal for a number of reasons, including that the appeal is taken from a nonappealable order (e.g., an order entered on default), the appellant is not a party aggrieved by the order (CPLR §5511), failure to perfect the appeal in a timely and proper manner or because there is no longer a justiciable controversy (CPLR §3001) and the matter has been rendered moot.
Where the appellate court does reach review and render a determination on the merits, it has a variety of options open to it, not merely “affirm” or “reverse.” The statutory authority for the Appellate Division (and all other New York appellate courts) to implement the decision reached after consideration of an appeal is found in CPLR §5522. That statute, titled “Disposition of Appeal,” is phrased in the broadest possible terms. It authorizes a court to which an appeal is taken to “reverse, affirm, or modify, wholly or in part, any judgment, or order before it, as to any party.”
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