Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 3, 2026

2025-07824, 2223/2017

Angela G. Iannacci, J.P.

Valerie Brathwaite Nelson

Carl J. Landicino

Elena Goldberg Velazquez, JJ.

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DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated May 29, 2025. Motion by Brach Eichler, LLC, for leave to withdraw as counsel for the appellant and to extend the time to perfect the appeal. By order to show cause dated January 26, 2026, the branch of the motion by Brach Eichler, LLC, which is for leave to withdraw as counsel for the appellant was granted, and the appellant was 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 action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) or, in the alternative, that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and the branch of the motion which is to extend the time to perfect the appeal was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and 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 the motion to dismiss the appeal is granted and the appeal is dismissed on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is denied as academic.

IANNACCI, J.P., BRATHWAITE NELSON, LANDICINO and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court