BELSOME, J., CONCURS WITH REASONS
I concur in the result reached by the majority and acknowledge that it is consistent with the jurisprudence, but write separately to address the punitive nature of this result. Giving such weight to the decretal language in a judgment only serves to create delays and additional expense for litigants that are already in a legal system where litigation is prolonged. This outcome not only impedes the progress of the litigation, but also contradicts the principles of judicial efficiency. I disagree with the effects of dismissing an appeal, but also recognize that we are confined by the law on subject matter jurisdiction, and therefore I concur.