Key Takeaway
Understand appellate jurisdiction in NY courts. Learn when court orders can and cannot be appealed. Expert appellate guidance for Long Island and NYC. Call 516-750-0595.
Navigating New York’s complex court system requires understanding not only substantive law but also procedural requirements that determine when appeals can be filed. A recent appellate decision highlights important limitations on the right to appeal certain court orders, particularly those entered by consent or without formal motion practice.
The Lee v. Guzman Decision: Jurisdictional Boundaries Defined
Lee v Guzman, 2012 NY Slip Op 50144(U)(App. Term 2d Dept. 2012)
“At the outset, it is noted that this court has jurisdiction to hear the appeal from the 2004 Supreme Court order, as the notice of appeal from that order was filed after the case had been transferred to the Civil Court pursuant to CPLR 325 (d) (Pollack v Anh Thanh Pham, 27 Misc 3d 28 ). However, both parties concede that the 2004 order did not decide a motion made on notice. As the order was either entered on consent, from which no appeal would lie (see CPLR 5511; Matter of D’Imperio v Putnam Lake Fire Dept., 262 AD2d 410 ; Matter of Reynolds v Spanakos, 196 AD2d 798 ), or was decided sua sponte or in response to an oral application, from which no appeal lies of as of right (see CCA [*2]1702 ; CPLR 2211; Sholes v Meagher, 100 NY2d 333 ) and leave to appeal has not been granted (see CCA 1702 ), the appeal from the September 14, 2004 order is dismissed.”
How many appeals are being filed by a certain attorney based upon consent orders?
Understanding New York’s Appellate System
The Structure of New York Courts
New York’s court system includes several levels, each with specific jurisdictional boundaries:
- Supreme Court: The trial court of general jurisdiction
- Civil Court: Handles cases under certain monetary limits
- Appellate Term: Reviews decisions from lower courts in certain judicial districts
- Appellate Division: The intermediate appellate court
- Court of Appeals: New York’s highest court
For residents of Long Island (Nassau and Suffolk Counties) and New York City, understanding which court has jurisdiction over appeals is crucial for protecting legal rights.
Transfer of Cases and Appellate Jurisdiction
The Lee v. Guzman case illustrates an important principle: appellate jurisdiction can follow a case even when it’s transferred between court systems. Here, the Appellate Term maintained jurisdiction over an appeal from a Supreme Court order because the notice of appeal was filed after the case had been transferred to Civil Court.
This principle, established in Pollack v Anh Thanh Pham, ensures that litigants don’t lose their appellate rights due to administrative case transfers.
When Orders Cannot Be Appealed
Consent Orders: No Appellate Rights
One of the most important limitations on appellate rights involves consent orders. As the Lee court noted, orders entered on consent cannot be appealed. This rule exists because:
- Parties agreed to the terms voluntarily
- No legal error occurred since both sides consented
- Judicial economy would be undermined if parties could appeal their own agreements
Categories of Non-Appealable Orders
The Lee decision identifies several types of orders that cannot be appealed as of right:
Orders Entered on Consent
- Stipulated settlements
- Agreed-upon scheduling orders
- Consensual discovery rulings
- Voluntary case management orders
Orders Made Sua Sponte or on Oral Application
- Informal rulings made during conferences
- Orders issued without formal motion practice
- Decisions made in response to oral requests
- Administrative or procedural determinations
The Formal Motion Requirement
What Constitutes a “Motion Made on Notice”
For an order to be appealable as of right, it generally must decide a formal motion made on notice. This requires:
- Written motion papers properly served
- Adequate notice to all parties
- Opportunity to respond through opposition papers
- Formal decision rendered after briefing
Strategic Implications for Attorneys
The Lee decision raises important questions about litigation strategy. The court’s observation—”How many appeals are being filed by a certain attorney based upon consent orders?”—suggests some attorneys may be filing frivolous appeals from non-appealable orders.
This practice can result in:
- Sanctions for frivolous appeals
- Attorney fees awarded against the appealing party
- Disciplinary action for pattern of improper appeals
- Delay tactics that harm clients’ interests
Practical Implications for Long Island and NYC Litigants
Case Strategy Considerations
Understanding appellate limitations affects case strategy from the outset:
- Think twice before consenting to unfavorable orders
- Insist on formal motion practice for important issues
- Preserve appellate rights by avoiding consent when possible
- Document opposition to proposed orders
Common Scenarios in Local Courts
In Nassau County Supreme Court, Suffolk County Supreme Court, and New York City Civil Courts, we frequently see these appellate issues arise in:
Personal Injury Cases
- Settlement approval orders
- Discovery compliance rulings
- Case management decisions
- Summary judgment motions
Commercial Litigation
- Contract dispute resolutions
- Business dissolution proceedings
- Partnership agreement modifications
- Asset distribution orders
Frequently Asked Questions About Appellate Rights
Q: Can I appeal any order a court makes against me?
A: No. Only certain types of orders are appealable as of right. Orders entered on consent, informal rulings, and certain administrative determinations cannot be appealed.
Q: What’s the difference between an order “on consent” and one I disagree with?
A: A consent order is one you explicitly agreed to, either in writing or on the record. Even if you later regret the agreement, you cannot appeal a consent order.
Q: How long do I have to file an appeal in New York?
A: Generally 30 days from service of the order with notice of entry, but this can vary depending on the type of order and court involved.
Q: What happens if I try to appeal a non-appealable order?
A: The appellate court will likely dismiss your appeal, potentially with sanctions or attorney fee awards against you.
Q: Should I consent to orders to save time and money?
A: This depends on the specific circumstances. While consent can expedite proceedings, it also waives your right to appeal. Consult with experienced counsel before agreeing to significant orders.
Protecting Your Appellate Rights
Best Practices for Litigants
To preserve appellate rights in New York courts:
- Avoid unnecessary consent to adverse orders
- Demand formal motion practice for significant issues
- Object on the record to informal rulings
- Seek adjournments when unprepared for oral applications
- Consult experienced counsel about appellate implications
Whether you’re involved in litigation in Nassau County, Suffolk County, or anywhere in the New York City area, understanding appellate limitations is crucial for making informed decisions about case strategy and settlement negotiations.
The Lee v. Guzman decision serves as an important reminder that not every adverse ruling can be challenged on appeal. By understanding these limitations upfront, litigants and their attorneys can make better strategic decisions and avoid costly mistakes.
If you’re facing complex litigation with potential appellate issues in Long Island or New York City, contact our experienced legal team at 516-750-0595. We understand both trial strategy and appellate practice, ensuring your rights are protected at every level of the court system.
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- Understanding CPLR 3212(a): Critical Timing Rules for Summary Judgment Motions in New York
- The CPLR 3212(g) paradigm
- Reasonable excuse satisfied despite claim of lack of personal jurisdiction
- New York No-Fault Insurance Law
Legal Update (February 2026): The appellate jurisdiction rules discussed in this 2012 post may have been modified through subsequent CPLR amendments, Court of Appeals decisions, or changes to Civil Court Act provisions. Practitioners should verify current appellate jurisdiction requirements under CPLR 5511 and 2211, particularly regarding consent orders and sua sponte determinations, as procedural rules governing appeal rights are subject to periodic legislative and judicial revision.
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