| Alcola v New York Foundling |
| Motion No: 2025-11683 |
| Slip Opinion No: 2026 NY Slip Op 61703(U) |
| Decided on February 2, 2026 |
| 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. |
Appellate Division: Second Judicial Department
M311029
ID/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2025-11683 Luis Alcola, appellant, v New York Foundling, respondent. (Index No. 847/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 18, 2025. Motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court