Cadichon v. Facelle

Summary

The New York Court of Appeals reconsidered its prior dismissal of part of an appeal involving an order denying a motion to vacate a dismissal under CPLR 3216. The Court held that, because the lower court's order was ambiguous about automatic dismissal, the order denying vacatur constituted the final appealable paper, and an appeal as of right properly lay due to a two-Justice dissent on a question of law.

Holdings

1. When it is unclear whether an action was automatically dismissed by operation of statute, rule, or court order, the order denying the motion to vacate is deemed the final appealable paper for purposes of the Court of Appeals' jurisdiction.
2. Because the Appellate Division order denying the motion to vacate included a two-Justice dissent on a question of law, an appeal as of right properly lies under CPLR 5601(a).
3. The appeal from the amended judgment must be dismissed because the Appellate Division order affirming the relevant Supreme Court order was a final appealable paper from which an appeal was properly taken.

Questions Presented

1. Whether an order denying a motion to vacate a dismissal-related disposition is a final appealable paper when it is unclear whether the action was automatically dismissed by statute, rule, or court order.
2. Whether plaintiffs had an appeal as of right under CPLR 5601(a) from the Appellate Division order denying the motion to vacate when that order included a two-Justice dissent on a question of law.
3. Whether the appeal from the amended Supreme Court judgment should be dismissed because the Appellate Division order affirming the relevant Supreme Court order was the final appealable paper.

Disposition

other