Town of New Hartford v Alagic
2026 NY Slip Op 04058
June 26, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
TOWN OF NEW HARTFORD, PLAINTIFF-RESPONDENT,
v
MEAZ ALAGIC, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on June 26, 2026
265 CA 25-01019
Present: Montour, J.P., Ogden, Greenwood, Nowak, And Hannah, JJ.
STEPHANIE R. DIGIORGIO, UTICA, FOR DEFENDANT-APPELLANT.
JOHN P. ORILIO, HINCKLEY, FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Mark R. Rose, J.), entered November 19, 2024. The order prohibited defendant from impeding access to a right-of-way and scheduled further proceedings on damages.
[*1]It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Defendant appeals from a non-final liability order, following a bench trial, that prohibited defendant from impeding access to a right-of-way and scheduled further proceedings on damages. The appeal must be dismissed inasmuch as the order appealed from is not a final judgment and is not an order deciding a motion made upon notice (see generally CPLR 5701 [a] [1], [2]; Paese v Paese, 175 AD3d 506, 506 [2d Dept 2019]; Rossi v Morse, 153 AD3d 1637, 1637 [4th Dept 2017]). Defendant did not seek leave to appeal from the order, and we decline to treat the notice of appeal as an application for leave to appeal (see CPLR 5701 [c]; Gena v Mu, 240 AD3d 1405, 1406 [4th Dept 2025]).
Entered: June 26, 2026
Ann Dillon Flynn
Clerk of the Court