Fogarty v Jimenez-Fogarty
Motion No: 2025-00866
Slip Opinion No: 2025 NY Slip Op 63443(U)
Decided on February 26, 2025
Appellate Division, Second Department, Motion Decision
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303121

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2025-00866, 2025-00867

Thomas Fogarty, respondent, v Sai Malena

Jimenez-Fogarty, appellant.

(Index No. 035547/2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Rockland County, both dated October 15, 2024. Motion by the appellant to vacate the orders or, in effect, to stay enforcement of the orders, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are 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.

BARROS, J.P., BRATHWAITE NELSON, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court