Matter of Kane v Campbell

2026 NY Slip Op 03027 (1st Dep't May 13 2026) · Supreme Court of the State of New York, Appellate Division, First Department · May 13, 2026 · No. Index No. 451700/26; Appeal Nos. 6835-6836, M-2687 & M-2688; Case Nos. 2026-02722, 2026-02724

Summary

The Appellate Division, First Department unanimously affirmed a Supreme Court, New York County judgment for the reasons stated by the lower court. It dismissed the purported appeal from an order as taken from a nonappealable paper and granted motions waiving costs, fees, and expenses.

Court
Supreme Court of the State of New York, Appellate Division, First Department
Writing for the Court
Moulton, J.P.; Friedman, J.; Pitt-Burke, J.; Rosado, J.; Michael, J.
Jurisdiction
New York Supreme Court, Appellate Division, First Department
Decision date
May 13, 2026
Docket number
Index No. 451700/26; Appeal Nos. 6835-6836, M-2687 & M-2688; Case Nos. 2026-02722, 2026-02724
Procedural posture
Appeal from a judgment of Supreme Court, New York County, and purported appeal from a separate order of that court.
Precedential value
published
Parties
Nickie Kane v. Seamus Campbell, et al.
Disposition
other

Topics

appellate procedureappellate jurisdictioncivil procedure

Practice areas

appellate procedurecivil procedure

Questions Presented

  1. Whether the Supreme Court judgment should be affirmed.
  2. Whether the purported appeal from the May 6, 2026 order was taken from a paper appealable as of right.

Holdings

  1. The judgment of Supreme Court, New York County, entered on or about May 8, 2026, was unanimously affirmed for the reasons stated by the lower court.
  2. The purported appeal was dismissed because it was taken from a nonappealable paper.

Key quotations

Judgment, Supreme Court, New York County (Matthew V. Grieco, J.), entered on or about May 8, 2026, unanimously affirmed for the reasons stated by Matthew V. Grieco, J., without costs or disbursements. (*1)
Purported appeal from order, same court and Justice, dated on or about May 6, 2026, unanimously dismissed, without costs, as taken from a nonappealable paper. (*1)

Factual background

The opinion provides no substantive factual background. It concerns an appeal from a Supreme Court judgment and a purported appeal from an order.

Procedural history

Nickie Kane appealed from a judgment entered on or about May 8, 2026, and purported to appeal from an order dated on or about May 6, 2026. The Appellate Division unanimously affirmed the judgment for the reasons stated by the Supreme Court justice and dismissed the purported appeal from the order because it was taken from a nonappealable paper.

Court Document

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