Practice point: Where there is an inconsistency between an order and the decision on which it is based, the decision controls.
Practitioners should note that the order is not rendered a nullity by this inconsistency unless it affects a substantial right of a party, pursuant to CPLR 5019[a].
Case: Matter of Stewart, NY Slip Op 06254 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Municipalities Law.
