| Citibank (south Dakota) N.A. v Sofia F. Newsam |
| Motion No: 2011-02443 ric |
| Slip Opinion No: 2012 NY Slip Op 64522(U) |
| Decided on February 10, 2012 |
| 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
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Citibank (South Dakota) N.A., Respondent, v Sofia F. Newsam, Appellant. |
Appeal from a decision of the Civil Court of the City of New York, Richmond County entered August 31, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as the order dated August 31, 2011 is not appealable as of right as 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]; Khanal v Sheldon, 74 AD3d 894 [2010]; 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