The Matter of Jamal S v. Presentment Agency

The appeal should be dismissed for lack of jurisdiction under CPLR 5601 (a) because the Appellate Division’s two-Justice dissent was not on a question of law. Accordingly, I would not reach the merits.

A party may take an appeal as of right from an order of the Appellate Division pursuant to CPLR 5601 (a) “where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal” (CPLR 5601 [a]; Matter of Robert S., 76 NY2d 770 [1990]; see Arthur Karger, Powers of the New York Court of Appeals §§ 6:4, 6:5 at 200-207 [3d ed rev 2005]). No appeal lies where…