Greenbrier Garden Apts. v Chris Keune
Motion No: 2007-01340 SC 08-29-2007
Slip Opinion No: 2007 NYSlipOp 80948(U)
Decided on October 12, 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: 9th and10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-1340 S C
GREENBRIER GARDEN APTS.,

Respondent,

-against-

CHRIS KEUNE,

Appellant,

-and-

NADIRA THOMPSON,

Respondent.

DECISION

Motion by tenant-appellant for a stay is denied.

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).