Appellate Division, Fourth Department · October 9, 2026 · 2026 NY Slip Op 05890
Matter of Farley
Read the official decision: 2026 NY Slip Op 05890
Holding The appeal is dismissed because no appeal lies as of right from an order entered sua sponte that did not decide a motion made upon notice. The court declined to treat the notice of appeal as an application for leave to appeal.
The court’s words
No appeal lies as of right from an order that did not decide a motion made upon notice, including an order entered sua sponte
2026 NY Slip Op 05890, at the official text
Jonathan did not seek leave to appeal, and we decline to treat the notice of appeal as an application for leave to appeal
2026 NY Slip Op 05890, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 9, 2026 |
| Citation | 2026 NY Slip Op 05890 |
| Area of law | Civil Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05890 |
| 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 | 1118 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Farley, 2026 NY Slip Op 05890 (Appellate Division, Fourth Department, October 9, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05890/
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.
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