Appealability” is a threshold jurisdictional consideration that incorporates a requirement of “appealable paper” and relates to the issue of whether a direct appeal, either as of right or by permission, may be taken to the Appellate Division from the judgment or order in question. Judging by the volume of decisions dismissing appeals on the court’s own motion for lack of appealability, practitioners often overlook it before embarking upon the time and expense of an appeal.
To read the full text of this article co-authored by Duane Morris attorney Thomas R. Newman, originally published in the New York Law Journal, please visit the firm website.