February 1, 2020

Appellate practice.

An  interim decision is not an appealable paper, which deprives the Appellate Division of jurisdiction and requires dismissal of the appeal, albeit without prejudice.  There are instances where the Appellate Division  has deemed a paper denominated as a "decision" to be appealable because it contained all the hallmarks of an order. Here, however, the Supreme Court itself noted that it issued the interim decision in the absence of a motion for relief, and the decision did not result in the issue of any order.

Spectrum News NY1 v. New York City Police Dept., NY Slip Op 00521 (1st Dep't January 28, 2020)

Here is the decision.