Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05349
Williams v Orange County
Read the official decision: 2026 NY Slip Op 05349
Holding The appeal is dismissed because the plaintiff did not oppose the defendants’ motion to dismiss and therefore is not considered aggrieved under CPLR 5511. The court held that a party is not aggrieved when they ask for relief against them, which they do not oppose, and that relief is granted.
The court’s words
A person is aggrieved within the meaning of CPLR 5511 when he or she asks for relief but that relief is denied in whole or in part
2026 NY Slip Op 05349, at the official text
Here, since the plaintiff did not oppose the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them, the plaintiff is not aggrieved by the order appealed from.
2026 NY Slip Op 05349, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05349 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05349 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 618 |
Recommended citation
ESQ HQ, New York Law Watch, Williams v Orange County, 2026 NY Slip Op 05349 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05349/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works