Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06295
Midfirst Bank v McKenzie
Read the official decision: 2026 NY Slip Op 06295
Holding The court dismissed the appeal filed on behalf of a deceased defendant due to lack of authority and dismissed the appeal regarding the denial of reargument as non-appealable. The court modified the lower court’s order to vacate a subsequent order as a nullity arising from the automatic stay upon the defendant’s death.
The court’s words
the attorney who filed a notice of appeal for the deceased defendant, Sidney McLaney, lacked authority to act on his behalf
2026 NY Slip Op 06295, at the official text
no appeal lies from an order denying reargument
2026 NY Slip Op 06295, at the official text
the Supreme Court erred in denying that branch of Akesson's motion which was to vacate the order dated June 7, 2022, on the ground that it is a nullity
2026 NY Slip Op 06295, at the official text
the note of issue and certificate of readiness for trial are not nullities, as they were filed after the Supreme Court lifted the stay
2026 NY Slip Op 06295, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06295 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06295 |
| 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 | 1574 |
| Related records | Midfirst Bank v McKenzie, 2026 NY Slip Op 06296 |
Recommended citation
ESQ HQ, New York Law Watch, Midfirst Bank v McKenzie, 2026 NY Slip Op 06295 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06295/
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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