Fogarty v Jimenez
2026 NY Slip Op 69561(U)
June 3, 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
June 3, 2026
2025-09817, 35547/2021
Mark C. Dillon, J.P.
Helen Voutsinas
Laurence L. Love
Elena Goldberg Velazquez, JJ.
[*1]DECISION & ORDER ON MOTION
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. By order to show cause dated April 1, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant 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 (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), without costs or disbursements; and it is further,
ORDERED that the motion by the appellant is denied as academic.
DILLON, J.P., VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court