His Grace Outreach Intl. v Betty Loney-daisley & "john Doe" & "jane Doe"
Motion No: 2007-00358 KC
Slip Opinion No: 2007 NYSlipOp 77057(U)
Decided on September 6, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.


NO. 2007-358 K C
HIS GRACE OUTREACH INTERNATIONAL,

Respondent,

-against-

BETTY LONEY-DAISLEY
and "JOHN DOE" and "JANE DOE",

Respondents,

-and-

BEATRICE LONEY-DAISLEY,

Non-Party Appellant.

DECISION

On the court's own motion, the appeal is dismissed.

No appeal lies from the denial of an application to sign an order to show cause (CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003];10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704).