Page 60 - WCBA CLE 6-14-2022

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CPLR PROVISIONS

CPLR 5512 Appealable Paper

“An initial appeal shall be taken from the judgment or order of the court of original instance…”

Not qualifying for appealability:

 Decisions not converted into an order or judgment;
 Deposition rulings;
 Evidentiary rulings during trial;
 Orders or judgments superseded by later orders or judgments;
 Orders and judgments against a party on that party’s default;
 Stipulations;
 Court conference orders;
 Orders denying reargument;
 Orders and judgments where the would-be appellant is not aggrieved.

CPLR 5511 Permissible Appellant and Respondent ( i.e. Aggrievement)

“An aggrieved party or a person substituted for him may appeal from any appealable judgment
or order except one entered upon the default of the aggrieved party. He shall be designated as the
appellant and the adverse party as the respondent.”

Not qualifying for aggrievement:

 So Ordered stipulations;
 Orders or judgments directed against a party other than the appellant;
 Orders directing the conduct of a hearing on a disputed issue;
 Orders rendered against a party on default.

CPLR 5515(1) NOTICE OF APPEAL

“An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the
office where the judgment or order of the court of original instance is entered except that where an
order granting permission to appeal is made, the appeal is taken when such order is entered. A notice
shall designate

 the party taking the appeal,
 the judgment or order or specific party of the judgment or order appealed from, and
 the court to which the appeal is taken.”