Practitioners, accustomed to being allowed to appeal to the Appellate Division almost any order, final or non-final, “where the motion it decided was made upon notice and it … affects a substantial right,”1 sometimes overlook an important limitation on this very liberal right to appeal—the requirement that only an “aggrieved party or a person substituted for him [or her2] may appeal from an appealable judgment or order except one entered upon the default of the aggrieved party.”3
The Court of Appeals’ jurisdiction is much more limited, and the “aggrieved person” requirement applies equally to appeals or motions for leave to appeal in that court.4 This requirement is jurisdictional and subject to inquiry by the Appellate Division or Court of Appeals even if the issue is not raised by the respondent. If found to be lacking, the appeal will be dismissed “sua sponte, upon the ground that appellants were not parties aggrieved.”5
Aggrieved Party
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