| Valerie J. Smith v Paula Humphrey, Bernard Halley & Jovan Humphrey |
| Motion No: 2010-00963 qc |
| Slip Opinion No: 2010 NY Slip Op 73716(U) |
| Decided on June 4, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Valerie J. Smith, Respondent, v Paula Humphrey, Bernard Halley and Jovan Humphrey, Appellants, John Doe and Jane Doe, Undertenants. |
Court's own motion to dismiss an appeal from a refusal of the Civil Court of the City of New York, Queens County, to sign appellants' application for an order to show cause dated March 25, 2010.
ORDERED, on the court's own motion, that the appeal from the Civil Court's March 25, 2010 refusal to sign appellants' 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).
ENTER:
Paul Kenny
Chief Clerk