An appellant must satisfy three jurisdictional predicates before the merits may be reviewed: Aggrievement [CPLR 5511]; Appealable Paper [CPLR 5512] and Timeliness [CPLR 5513]. The first sentence in CPLR 5511, “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,” and its basic implications are generally well known.
The root of appellate jurisdiction is by way of an aggrieved person. Burmester v O’Brien, 166 AD 932 [2d Dept 1915]. Aggrievement is jurisdictional and subject to the court’s threshold review, sua sponte first time on appeal. Klinge v. Ithaca College, 235 A.D.2d 724 [3rd Dept 1997]; Glickman v. Sami, 146 A.D.2d 671 [2nd Dept 1989].
