Hoi Trinh v. Nguyen
Docket MOTION NO. (793/25) CA 24-01796.
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- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Civil
- Disposition
- Denied
- Citation
- 2026 NY Slip Op 02592
- Docket
- MOTION NO. (793/25) CA 24-01796.
Motion for reargument or leave to appeal to the Court of Appeals following an earlier Appellate Division decision.
Summary
The Appellate Division, Fourth Department denied plaintiff-appellant Hoi Trinh's motion for reargument or for leave to appeal to the Court of Appeals in his action against defendant-respondent Joseph Thien Nguyen. The court's one-paragraph memorandum and order, issued April 24, 2026, simply denies both requested forms of relief, leaving the prior appellate disposition in place and refusing further review by the state's highest court or reconsideration by this panel.
Issues Decided
- Whether the Appellate Division should grant reargument of its prior decision.
- Whether leave to appeal to the Court of Appeals should be granted.
Court's Reasoning
The court denied the motion for reargument and for leave to appeal, indicating that the movant did not meet the standards for reconsideration or for permission to seek review by the Court of Appeals. Because the order is a short memorandum denying relief, the court did not set out extended factual findings or legal analysis in this document.
Parties
- Plaintiff
- Hoi Trinh
- Appellant
- Hoi Trinh
- Defendant
- Joseph Thien Nguyen
- Respondent
- Joseph Thien Nguyen
- Judge
- Curran, J.P.
- Judge
- Bannister, J.
- Judge
- Ogden, J.
- Judge
- Delconte, J.
- Judge
- Hannah, J.
Key Dates
- Decision date
- 2026-04-24
What You Should Do Next
- 1
Consult appellate counsel
Discuss whether there are any other procedural avenues or extraordinary relief available, such as filing a separate application for leave to the Court of Appeals.
- 2
Confirm finality and enforcement
If the prior appellate decision disposes of claims or awards relief, determine whether judgment is final and whether steps to enforce or comply with that judgment are required.
- 3
Consider other remedies
Explore whether any postjudgment motions, federal review, or collateral proceedings might be appropriate based on the underlying issues and counsel's advice.
Frequently Asked Questions
- What did the court decide?
- The Appellate Division denied the request to reconsider its decision and denied permission to appeal to the Court of Appeals.
- Who is affected by this order?
- The immediate effect is on the parties to the case, plaintiff-appellant Hoi Trinh and defendant-respondent Joseph Thien Nguyen; the prior appellate outcome remains in effect.
- Does this mean the case is over?
- Not necessarily; the Court of Appeals could theoretically grant leave on its own, but here the Appellate Division refused to recommend or allow that step. Other appellate remedies are limited.
- Can this denial be appealed?
- A denial of leave to appeal by the Appellate Division is generally final as to that request; a separate direct appeal to the Court of Appeals would require that court to independently grant leave.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Hoi Trinh v Nguyen - 2026 NY Slip Op 02592 Hoi Trinh v Nguyen 2026 NY Slip Op 02592 April 24, 2026 Appellate Division, Fourth Department HOI TRINH, PLAINTIFF-APPELLANT, FATHER v JOSEPH THIEN NGUYEN, DEFENDANT-RESPONDENT. Decided on April 24, 2026 MOTION NO. (793/25) CA 24-01796. Present: Curran, J.P., Bannister, Ogden, Delconte, And Hannah, JJ. (Filed Apr. 24, 2026.) MEMORANDUM AND ORDER Motion for reargument or leave to appeal to the Court of Appeals denied.