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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 30, 2016

Order Issued Without Motion Made on Formal Notice Held Appealable as of Right

On June 23, 2016, the First Department issued a decision in Bank of N.Y. Mellon v WMC Mortgage, LLC, 2016 NY Slip Op. 05038, holding that an order that was not issued as a result of a motion made on formal notice was nonetheless appealable as of right, explaining:

Although the order did not resolve a motion made on formal notice, it is appealable as of right because it affects a substantial right, and the parties were able to fully set forth before the motion court their positions and the bases for them.

(Internal quotations and citations omitted) (emphasis added).

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