Elliott Scheinberg
Which statute governs following final judgment where a motion was not made upon notice, such as ex parte or sua sponte interlocutory orders?
September 13, 2019 at 11:15 AM
1 minute read
CPLR 5701(a)(2) provides, inter alia, that before an interlocutory order may be appealable as of right is that it was the result of a motion “made upon notice.”
CPLR 5501(a)(1), scope of review, provides, in pertinent part: “An appeal from a final judgment brings up for review: 1. any non-final judgment or order which necessarily affects the final judgment …”
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