There is no appeal as of right where the judgment was entered subsequent to an Appellate Division order disposing of all the issues in the action, pursuant to CPLR 5701[a][1]. The remittance to Supreme Court does not alter the finality of the order where the remittance involved only the ministerial act of mathematical calculations without requiring any further fact-finding or exercise of judicial discretion.
Summit Dev. Corp. v. Hudson Meridian Constr. Group LLC, NY Slip Op 00937 (1st Dep't February 16, 2023)
