Holness v Gold Crest Care Ctr. Inc.

Holding The Appellate Division lacked subject matter jurisdiction to hear the appeal because the plaintiff failed to notice an appeal from the final judgment, and the right to appeal the intermediate order terminated upon the entry of that judgment. Consequently, the appeal was dismissed as taken from a non-appealable paper.

The court’s words

Plaintiff's right to directly appeal the intermediate order terminated with the entry of the final judgment

2026 NY Slip Op 05477, at the official text

Our discretion to deem a notice of appeal from an order to be a premature notice of appeal from a judgment is extinguished when the judgment is entered before service of the notice of appeal from the order, as occurred here

2026 NY Slip Op 05477, at the official text