| 3170 Atl. Ave. Corp. v Zehy Jereis, Joseph Ratner, & Atl. Gas & Wash, L.L.C. |
| Motion No: 2011-02770 kc |
| Slip Opinion No: 2012 NY Slip Op 64523(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
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 3170 Atlantic Ave. Corp. Also Known as 3170 Atlantic Avenue Corp., Appellant, v Zehy Jereis, Joseph Ratner, and Atlantic Gas and Wash, LLC., Respondents. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 27, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a 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); and it is further,
ORDERED that appellant's motion for a stay is denied as academic, without prejudice to appellant seeking a stay pending the determination of an appeal from the subsequent order of the Civil Court entered November 7, 2011 denying appellant's motion to set aside the sua sponte order entered October 24, 2011.
ENTER:
Paul Kenny
Chief Clerk