Yuk Tong Wong v No. 2010-345 Q C Bo Wu, Tenant, -and- Richard Farmer Sued Herein As "john Doe"

Yuk Tong Wong v No. 2010-345 Q C Bo Wu, Tenant, -and- Richard Farmer Sued Herein As "john Doe"

Slip Opinion No: 2010 NY Slip Op 68258(U)

Decided on April 9, 2010

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, 11th and 13th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., WESTON and RIOS, JJ.

YUK TONG WONG,

Respondent,

-against-

NO. 2010-345 Q C

BO WU,

Tenant,

-and-

RICHARD FARMER
sued herein as "JOHN DOE",

Appellant,

-and-

"JANE DOE"

Undertenant.

DECISIONOn the court's own motion, the appeal from the Civil Court's December 14, 2009 refusal to sign appellant's order to show cause is dismissed.

No appeal lies from the refusal 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).