| Fagan v Gorbatko |
| Motion No: 2025-13898 |
| Slip Opinion No: 2026 NY Slip Op 61829(U) |
| Decided on February 4, 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
M311054
ID/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2025-13898 Justin Fagan, appellant, v Evgeniya A. Gorbatko, respondent. (Index No. 57048/2020)
| DECISION & ORDER ON MOTION |
Appeal from a purported order of the Supreme Court, Westchester County, dated October 9, 2025. By order to show cause dated November 28, 2025, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from a decision and that no appeal lies as of right from an order that is not the result of a motion made on notice.
Now, upon the order to show cause and no papers filed in response thereto, it is
ORDERED that the motion is granted, and 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 no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509.
DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court