At A Glance:
Summary: A short decision from the Appellate Division, Fourth Department, provides an important lesson in New York appellate practice. In Prevost v Associated Materials, LLC, the plaintiff appealed from a so-ordered “letter decision and order.” The Court dismissed the appeal because it was not an appealable paper.
Court: Appellate Division, Fourth Department
Decision Date: June 6, 2025
Case: Prevost v Associated Materials, LLC, 239 AD3d 1235 (4th Dept 2025)
Topic: Appeals, Appellate Procedure, Appealable Paper
The Court’s Position:
The Fourth Department stated that the so-ordered “letter decision and order” was missing the essential elements of an order CPLR 2219(a). In particular, the document did not recite the papers used on the motion. The Court warned that a document does not become an order even when it is denominated as such. The Court dismissed the appeal from the so-ordered letter decision and order.
What Happened:
The plaintiff brought a Labor Law and common-law negligence action after falling from a homeowner’s roof while working for C&M Renovations.
There were two appeals.
In Appeal No. 1, the plaintiff appealed from an order granting Creekside Renovations, LLC.’s motion for summary judgment dismissing the complaint against it.
In Appeal No. 2, the plaintiff attempted to appeal from a separate “letter decision and order” that denied his motion for partial summary judgment against Creekside on Labor Law §§ 240(1) and 241(6).
The Fourth Department dismissed Appeal No. 2 because the letter decision was not an appealable order.
Key Language from the Decision:
The Decision:
The Court dismissed the plaintiff’s second appeal from the letter decision.
The Fourth Department explained that a party cannot appeal from a mere decision. A decision tells the parties how the court resolved an issue, but it is not the same thing as an order. For appellate purposes, the document must satisfy the essential requirements of an order.
Here, the letter decision was not enough. Even though it was described as a “letter decision and order” and contained the words “so ordered,” it did not satisfy CPLR 2219(a) because it did not recite the papers used on the motion.
Since the document did not meet the statutory requirements for an order, the plaintiff could not appeal from it.
From a Claims Perspective:
This decision is a useful reminder that appellate rights can turn on procedure, not just the merits. For claims adjusters and litigators, the lesson is simple: Before evaluating an appeal, confirm that the paper from which the party is appealing is actually an appealable order.
A letter decision may explain how the court ruled, and it may even include the words “so ordered,” but that does not make it an order for appellate purposes.
Why This Matters:
First, this decision highlights a procedural trap that can affect appellate rights. A party may believe it has an appealable paper simply because the trial court issued a written ruling, but a written ruling is not always an appealable order.
Second, the decision reinforces that labels do not control. Calling a document an “order” or adding “so ordered” language does not automatically make it an appealable paper.
Third, this issue matters for claims handling because appellate strategy, reserves, reporting, and litigation budgets can all depend on whether there is a valid appealable order.
Practice Pointers:
- Before filing a notice of appeal, confirm that the document being appealed from is an actual order, not merely a decision.
- Check whether the document satisfies CPLR 2219(a), including whether it recites the papers used on the motion.
- Do not rely on the title of the document. A paper called a “letter decision and order” may still be treated as a nonappealable decision.
- Do not rely on “so ordered” language alone. The Fourth Department made clear that those words do not cure a document that lacks the essential elements of an order.
- When necessary, request entry of a proper order or submit a proposed order so that appellate rights are preserved.
- For claims adjusters, ask defense counsel to confirm whether the adverse ruling is appealable before setting appellate strategy or reporting that an appeal is underway.
Forward This Post
If this decision affects a claim file, coverage position, or motion strategy, forward it to the person handling the issue.
Read more New York Civil Law analysis here.
Questions This Case Answers:
- Can a party appeal from a letter decision in New York?
- Is a letter decision appealable in New York if it is “so ordered”?
- Does calling a document an “order” make it appealable under CPLR?
- What does CPLR 2219(a) require for an order determining a motion?
- Must an order recite the papers used on the motion in New York?
- What is the difference between a decision and an order for appellate purposes in New York?
- Can an appeal be dismissed in New York because the document appealed from is not an order?
Authority:
The Court relied on the settled rule that no appeal lies from a mere decision. It cited Fourth Department authority holding that a document does not become appealable simply because it is labeled an order.
The Court also relied on CPLR 2219(a), which identifies requirements for an order determining a motion, including that the order recite the papers used on the motion. Because the letter decision did not do that, it was not an appealable order.
Sources:
Prevost v Associated Materials, LLC, 239 AD3d 1237 (4th Dept 2025)
Garcia v Town of Tonawanda, 194 AD3d 1479 (4th Dept 2021)
Pino v Harnischfeger, 42 AD3d 980 (4th Dept 2007)
Related Topics:
CPLR 2219(a), appealable orders, New York appellate practice, preserving appellate rights
Photo Credit: Waldemar Brandt