Andrew Carothers, M.D., P.C. a/a/o Juan Fernandez v Response Ins. Co.

Andrew Carothers, M.D., P.C. a/a/o Juan Fernandez v Response Ins. Co.

Motion No: 2008-01213 C

Slip Opinion No: 2008 NYSlipOp 80737(U)

Decided on July 16, 2008

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 : GOLIA, J.P., RIOS and STEINHARDT, JJ.

NO. 2008-1213 K C

ANDREW CAROTHERS, M.D., P.C.
a/a/o JUAN FERNANDEZ,

Respondent,

-against-

RESPONSE INSURANCE COMPANY,

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).