Fishel v Fishel

2026 NY Slip Op 67503(U)

May 1, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Jessica Fishel, appellant-respondent,

Kenneth Fishel, respondent-appellant. (Appeal No. 1) Jessica Fishel, respondent,

Kenneth Fishel, appellant. (Appeal Nos. 2 and 3)

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

May 1, 2026

2025-07674, 7422/2021, 2026-04109, 2026-04110

Betsy Barros, J.P.

Barry E. Warhit

Janice A. Taylor

Susan Quirk, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Orange County, dated February 18, 2025, and appeals from two orders of the same court dated February 18, 2025, and May 28, 2024, respectively. The appeals and cross-appeal were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Jessica Fishel pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of her appeal and to extend the time to serve and file a brief. Cross-motion by Kenneth Fishel, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his cross-appeal and appeals and to extend the time to serve and file a brief on his cross-appeal and appeals.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion and cross-motion which are to vacate the dismissal of the appeal and cross-appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is granted; and it is further,

ORDERED that the branch of the motion which is to serve and file a brief is granted, and on or before June 1, 2026, Jessica Fishel shall serve and file her appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the cross-motion which is to vacate the dismissal of the appeals from the orders is denied; and it is further,

ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief on the appeals from the orders is denied as academic; and it is further,

ORDERED that the branch of the cross-motion which is to extent the time to serve and file a brief on the cross-appeal is denied as premature.

BARROS, J.P., WARHIT, TAYLOR and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court