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Thomas R. Newman and Steven J. Ahmuty Jr.

The CPLR is very liberal in allowing appeals as of right to be taken to the Appellate Division from, inter alia, any final or interlocutory judgment and any order “where the motion it decided was made upon notice” and “involves some part of the merits” or “affects a substantial right.” CPLR §5701(a)(2)(iv) and (v). However, this extremely broad right to appeal is limited by CPLR §5511 and available only to an “aggrieved party” who “may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.” The requirement of being an aggrieved party is jurisdictional and subject to inquiry by the court sua sponte even if the issue is not raised by the respondent. Matter of Niagara Mohawk Power Corp. v. Green Island Power Auth., 94 N.Y.2d 891 (2000) (appeals dismissed “sua sponte, upon the ground that appellants are not parties aggrieved”).

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