Appellate Term, Second Department · September 18, 2026 · 2026 NY Slip Op 51591[U]
De Filippis v Lenox Hill Radiology & Med. Imaging Assoc., P.C.
Read the official decision: 2026 NY Slip Op 51591[U]
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Holding The appeal is dismissed because no appeal lies from an order denying a motion to vacate a decision. The court determined that the plaintiff’s motion was effectively a motion to vacate the prior dismissal, which is not appealable.
The court’s words
No appeal lies from an order denying a motion to vacate a decision
2026 NY Slip Op 51591[U], at the official text
denied plaintiff's motion to, in effect, vacate a decision
2026 NY Slip Op 51591[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 18, 2026 |
| Citation | 2026 NY Slip Op 51591[U] |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51591[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 | 923 |
Recommended citation
ESQ HQ, New York Law Watch, De Filippis v Lenox Hill Radiology & Med. Imaging Assoc., P.C., 2026 NY Slip Op 51591[U] (Appellate Term, Second Department, September 18, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51591-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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