TOWN OF NEW HARTFORD PLAINTIFF RESPONDENT v. MEAZ ALAGIC DEFENDANT APPELLANT (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

TOWN OF NEW HARTFORD, PLAINTIFF-RESPONDENT, v. MEAZ ALAGIC, DEFENDANT-APPELLANT.

265 Decided: June 26, 2026

PRESENT: MONTOUR, J.P., OGDEN, GREENWOOD, NOWAK, AND HANNAH, JJ.

STEPHANIE R. DIGIORGIO, UTICA, FOR DEFENDANT-APPELLANT. JOHN P. ORILIO, HINCKLEY, FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from a non-final liability order, following a bench trial, that prohibited defendant from impeding access to a right-of-way and scheduled further proceedings on damages. The appeal must be dismissed inasmuch as the order appealed from is not a final judgment and is not an order deciding a motion made upon notice (see generally CPLR 5701 [a] [1], [2]; Paese v Paese, 175 AD3d 506, 506 [2d Dept 2019]; Rossi v Morse, 153 AD3d 1637, 1637 [4th Dept 2017]). Defendant did not seek leave to appeal from the order, and we decline to treat the notice of appeal as an application for leave to appeal (see CPLR 5701 [c]; Gena v Mu, 240 AD3d 1405, 1406 [4th Dept 2025]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network