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Elliott Scheinberg Elliott Scheinberg

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.

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