CPLR 5701 permits an immediate appeal from a nonfinal order that “involves some part of the merits” or “affects a substantial right.” Appellate review of certain nonfinal orders, however, may be deferred until the entry of a final judgment provided such nonfinal order “necessarily affects the final judgment.” Specifically, CPLR 5501(a)(1) provides that an appeal from a final judgment brings up for review “any nonfinal judgment or order which necessarily affects the final judgment.”
This month, we examine the Fourth Department’s recent decision in Abasciano v. Dandrea,1 in which the court reaffirmed the often-overlooked corollary that “an appeal from a nonfinal order or intermediate order does not bring up for review prior nonfinal orders.” The court concluded that the order from which the appeal had been taken could not be deemed a “final judgment or final order” for purposes of §5501(a)(1) so as to enable the court to review prior nonfinal orders in the case.
Immediate Review
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