Appellate Term, Second Department · June 12, 2026 · 2026 NY Slip Op 51295[U]
Cruz v Carannante
Read the official decision: 2026 NY Slip Op 51295[U]
Holding The appeal is dismissed because the lower court’s order staying the proceeding was based on a request for relief made without a proper notice of cross motion. Consequently, the order is not appealable as of right under CPLR 5701, and the court declined to grant leave to appeal.
The court’s words
A request for relief made in the absence of a notice of cross motion is not a 'motion . . . made upon notice'
2026 NY Slip Op 51295[U], at the official text
Here, no appeal lies as of right from so much of the order as in effect sua sponte stayed the proceeding
2026 NY Slip Op 51295[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 12, 2026 |
| Citation | 2026 NY Slip Op 51295[U] |
| Area of law | Civil Procedure |
| Week | Week ending June 13, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51295[U] |
| 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 | 251 |
Recommended citation
ESQ HQ, New York Law Watch, Cruz v Carannante, 2026 NY Slip Op 51295[U] (Appellate Term, Second Department, June 12, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51295-u/
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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