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Emergency application

Nicole Malliotakis v. Michael Williams

Granted
No. 25A914Stay applicationFiled by a private partyPresented to Justice SotomayorFrom Court of Appeals of New York

What did the Court do?

The Court granted the request on March 2, 2026: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Sotomayor, Justice Kagan, and Justice Jackson would have ruled the other way.

Filed Ruled 17 days after filing

What's being asked

A private party asks the Supreme Court to pause (stay) a lower-court ruling from the Court of Appeals of New York while the appeal continues. The case is Nicole Malliotakis v. Michael Williams.

What the Court did

Application (25A914) for stay presented to Justice Sotomayor and by her referred to the Court is granted. The January 21, 2026 order entered by the Supreme Court of the State of New York, New Your County, Index No. 164002/2025, is stayed pending the disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court. Justice Alito concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a914_1p24.pdf#page=5'>opinion</a>) Justice Sotomayor, joined by Justice Kagan and Justice Jackson, dissents. (Detached <a href="https://www.supremecourt.gov/opinions/25pdf/25a914_1p24.pdf#page=5" target="_blank">Opinion</a>)

Concurring · 1agreed with the result, wrote separately
  1. Alito
Dissenting · 3recorded against the Court's order
  1. Sotomayorwrote a dissent
  2. Kaganjoined Sotomayor's writing
  3. Jacksonjoined Sotomayor's writing
Vote not published · 5the order does not say how they voted
  1. Thomas
  2. Roberts
  3. Gorsuch
  4. Kavanaugh
  5. Barrett
The order records the positions of 4 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 12 rulings on applications where the Court asked for a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 17 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the Court of Appeals of New York.

Separate writings

  • Justice Sotomayor, joined by Justice Kagan and Justice Jackson, dissenting

    Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A914. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 24, 2026