What did the court decide?

The court withdrew the appeal based on a stipulation between the parties and recalled and vacated a prior motion order; it did not decide the underlying legal dispute.

Who is affected by this decision?

The parties to the appeal—Mark Stafford and defendants including Ziv Nacson—are affected because the appellate proceeding has been withdrawn.

What happens next in the case?

With the appeal withdrawn, there will be no appellate resolution unless the parties reopen the appeal or file a new one; any further steps depend on the stipulation's terms and any actions the parties agreed to take.

Can this order be appealed?

Orders withdrawing an appeal by stipulation are typically final as to the appeal; a party seeking to reopen would need to follow applicable appellate procedures and show good cause.

Stafford v. Nacson

Docket Index No. 159911/22|Appeal No. 5387|Case No. 2025-01077|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: May 5, 2026 · yesterday
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Civil
Disposition: Dismissed
Citation: 2026 NY Slip Op 02805
Docket numbers: Index No159911/22Appeal No5387Case No2025-01077

Appeal from an order of the Supreme Court, New York County (entered January 23, 2025)

Summary

The Appellate Division, First Department, issued an order withdrawing the appeal in Stafford v. Nacson based on a stipulation between the parties dated January 5, 2026. The court noted the appeal was taken from a January 23, 2025 Supreme Court order and, after argument and consideration, unanimously agreed to withdraw the appeal according to the stipulation. The court also recalled and vacated a prior motions order entered February 10, 2026. No substantive ruling on the merits was made.

Issues Decided

Whether the appeal should be withdrawn pursuant to the parties' stipulation dated January 5, 2026
Whether the Court should recall and vacate its February 10, 2026 motion order

Court's Reasoning

The court acted on the parties' joint stipulation to withdraw the appeal, which disposed of the appeal procedurally without reaching the merits. Because the parties agreed to withdrawal, the court unanimously ordered the appeal withdrawn and recalled and vacated its prior motion order as unnecessary. The stipulation provided a sufficient basis for the court to dismiss the appellate proceeding.

Parties

Plaintiff: Mark Stafford
Defendant: Ziv Nacson et al.

Key Dates

Supreme Court order entered: 2025-01-23
Parties' stipulation dated: 2026-01-05
Motion Order entered (recalled/vacated): 2026-02-10
Appellate decision entered: 2026-05-05

What You Should Do Next

1
Review the stipulation
Each party should review the January 5, 2026 stipulation to confirm obligations, any settlement terms, or conditions for reopening the appeal.
2
Confirm case status in trial court
Check with Supreme Court (New York County) docket to determine whether any further proceedings or enforcement actions remain following withdrawal.
3
Consult counsel on reopening options
If a party believes withdrawal was improper or wants to pursue appellate review, consult counsel promptly about applicable deadlines and grounds to move to reinstate the appeal.

Frequently Asked Questions

What did the court decide?: The court withdrew the appeal based on a stipulation between the parties and recalled and vacated a prior motion order; it did not decide the underlying legal dispute.
Who is affected by this decision?: The parties to the appeal—Mark Stafford and defendants including Ziv Nacson—are affected because the appellate proceeding has been withdrawn.
What happens next in the case?: With the appeal withdrawn, there will be no appellate resolution unless the parties reopen the appeal or file a new one; any further steps depend on the stipulation's terms and any actions the parties agreed to take.
Can this order be appealed?: Orders withdrawing an appeal by stipulation are typically final as to the appeal; a party seeking to reopen would need to follow applicable appellate procedures and show good cause.

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

Stafford v Nacson - 2026 NY Slip Op 02805

Stafford v Nacson

2026 NY Slip Op 02805

May 5, 2026

Appellate Division, First Department

Mark Stafford, Plaintiff-Respondent,

v

Ziv Nacson et al., Defendants-Appellants.

Decided and Entered: May 05, 2026

Index No. 159911/22|Appeal No. 5387|Case No. 2025-01077|

Before: Moulton, J.P., Kennedy, Mendez, Michael, Chan, JJ.

An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (James G. Clynes, J.), entered on or about January 23, 2025,

And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, and upon the stipulation of the parties hereto dated January 5, 2026,

It is unanimously ordered that said appeal be and the same is hereby withdrawn in accordance with the terms of the aforesaid stipulation.

The Motion Order of this Court entered herein on February 10, 2026 (M-00026) is hereby recalled and vacated.

ENTERED: May 5, 2026