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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
CourtAppellate Term, Second Department
DecidedJune 12, 2026
Citation2026 NY Slip Op 51295[U]
Area of lawCivil Procedure
WeekWeek ending June 13, 2026
Official textOfficial decision: 2026 NY Slip Op 51295[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id251

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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Published June 12, 2026. Updated June 12, 2026.