Fogarty v Jimenez
Motion No: 2025-02910
Slip Opinion No: 2025 NY Slip Op 65456(U)
Decided on March 26, 2025
Appellate Division, Second Department, Motion Decision
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303846

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-02910

Thomas Fogarty, respondent,

v Sai Malena Jimenez, appellant.

(Index No. 35547/2021)

ORDER TO SHOW CAUSE

Appeal from a decision of the Supreme Court, Rockland County, dated February 25, 2025.

On the Court's own motion, it is

ORDERED that the parties are 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 proceeding on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before April 25, 2025; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court