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

June 10, 2026

2022-04406, 33853/2020

Lara J. Genovesi, J.P.

Cheryl E. Chambers

Janice A. Taylor

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION

2025-07269, 2025-07270

Victoria Naclerio, respondent,

v Vincent Naclerio, appellant.

(Index No. 33853/2020)

Appeals from an order of the Supreme Court, Rockland County, dated May 13, 2022, a judgment of the same court dated June 17, 2025, and decision of the same court dated June 17, 2025. By decision and order on application of this Court dated January 16, 2026, the cross-appeals by Victoria Naclerio from the judgment and the decision were deemed withdrawn. By order to show cause dated March 4, 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 from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241). Motion by Victoria Naclerio to vacate so much of the decision and order on application of this Court dated January 16, 2026, as deemed her cross-appeal from the judgment withdrawn. Motion by Vincent Naclerio to extend the time to perfect his appeals from the judgment and decision.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by Victoria Naclerio and the papers filed in opposition thereto, and upon the motion by Vincent Naclerio and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, 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 motion by Victoria Naclerio is granted, so much of the decision and order on application of this Court as deemed the cross-appeal from the judgment by Victoria Naclerio withdrawn is vacated, and Victoria Naclerio shall serve and file an answering brief on the appeal and cross-appeal from the judgment in accordance with the rules of the Appellate Division (see 22 NYCRR 1250.9[f][1][iv]); and it is further,

ORDERED that the branch of the motion by Vincent Naclerio which is to extend the time to perfect the appeal from the judgment is granted, and on or before July 10, 2026, Vincent Naclerio shall serve and file the joint record or appendix and the appellant-respondent's brief on the appeal from the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief on the appeal from the judgment, and upload digital copies of the joint record or appendix and the appellant-respondent's brief on the appeals from the judgment, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by Vincent Naclerio is otherwise denied as academic.

GENOVESI, J.P., CHAMBERS, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court