CPLR 5515(1) sets forth the elements of the notice of appeal: “a notice shall designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed.” The statute is jurisdictional. Levitt v. Levitt, 97 A.D.3d 543 (2d Dep’t 2012). Although the three ingredients appear innocuously simple, great precision must be applied towards rigidly honed drafting of the notice because phrasing, miswording or an omission, however seemingly benign, can be fatal to the appellant. Nevertheless, decisional authority has carved out rarely granted lifelines that should never be expected. Cline v. Code, 2019 NY Slip Op 06251 (4th Dep’t 2019), the subject of this article, is such a lifeline.

An appeal from part of a judgment or order waives the right to appeal from the remainder thereof; omission in the brief. “By taking an appeal from only a part of a judgment or order, a party waives its right to appeal from the remainder thereof.” Hatem v. Hatem, 83 A.D.3d 663, 664 (2d Dep’t 2011). Although a notice of appeal indicates that the appeal is from the entire judgment, the omission of an issue in the brief renders the argument abandoned. Casey v. State, 148 A.D.3d 1370 (3d Dep’t 2017). This rule also applies when a party seeks leave to appeal. Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P., 32 N.Y.3d 645, 650-51 (2019):

Ordinarily when the court grants a motion for leave to appeal all issues of which the court may take cognizance may be addressed by the parties” … However, where “the party seeking leave specifically limits the issues to be raised [in its notice of motion], it is bound thereby and may not thereafter raise other questions” because “[t]o permit otherwise necessarily disadvantages the opposing parties, who might have joined issue or even cross-moved for leave to appeal as to additional issues had adequate notice been given.