Fogarty v Jimenez
2026 NY Slip Op 65345(U)
April 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Thomas Fogarty, respondent,
v
Sai Malena Jimenez, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 1, 2026
2025-09817, 35547/2021
Colleen D. Duffy, J.P.
Deborah A. Dowling
Janice A. Taylor
Laurence L. Love, JJ.
[*1]ORDER TO SHOW CAUSE
Appeal from a purported order of the Supreme Court, Rockland County, dated July 10, 2025. Motion by the appellant to stay enforcement of the purported order pending hearing and determination of the appeal, for waiver of costs, fees, and expenses, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 1, 2025; and it is further,
ORDERED that the motion by the appellant is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.
DUFFY, J.P., DOWLING, TAYLOR and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court