Phillips v Phillips
2026 NY Slip Op 70341(U)
June 12, 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.
Steven Phillips, etc., et al., respondents,
v
Irina Phillips, et al., appellants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 12, 2026
2024-06051, 6057/2023
Cheryl E. Chambers, J.P.
Barry E. Warhit
Laurence L. Love
Susan Quirk, JJ.
[*1]DECISION & ORDER ON MOTION
2026-00684, 2026-00776
Steven Phillips, etc., et al., respondents,
v Irina Phillips, et al., appellants, et al.,
defendants.
(Index No. 6057/2023)
Appeals from an order of the Supreme Court, Orange County, dated March 25, 2024, a judgment of the same court dated April 11, 2025, and a warrant of eviction of the same court dated January 13, 2026. By order to show cause dated March 9, 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 dated March 25, 2024, for failure to comply with a decision and order on motion of this Court dated January 16, 2026. Motion by the appellant Irina Phillips, inter alia, to stay enforcement of the judgment and the warrant of eviction, pending hearing and determination of the appeals. Motion by the respondents to extend the time to serve and file a brief on the appeal from the order dated March 25, 2024.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the appellant Irina Phillips and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal from the order dated March 25, 2024, is granted and the appeal is dismissed, without costs or disbursements, for the failure to comply with the decision and order on motion of this Court dated January 16, 2026; and it is further,
ORDERED that the motion by the appellant Irina Phillips is denied; and it is further,
ORDERED that the motion by the respondent is denied as academic.
CHAMBERS, J.P., WARHIT, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court