On March 14, 2024, the First Department issued a decision in Matter of Barclays Capital Inc. v. Carreras, 2024 NY Slip Op. 01336, holding that a party could not appeal a decision on a petition that it did not oppose, explaining:
As the amended judgment conformed in substance to an earlier judgment entered on consent, respondent Carreras is not an aggrieved party within the meaning of CPLR 5511 and lacks standing to appeal. Carreras never submitted any opposition to the petition to confirm the arbitration award or objected to entry of the judgment or amended judgment. Any contention that the amended judgment varied from what the parties agreed upon should have been addressed through a motion to vacate the judgment.
(Internal citations omitted).