| Joseph Lacarrubba & Salvatore Lacarrubba v Outdoors Clothing Corp. |
| Motion No: 2012-02063 sc |
| Slip Opinion No: 2012 NY Slip Op 88835(U) |
| Decided on October 17, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Joseph Lacarrubba and Salvatore Lacarrubba, Respondents, v Outdoors Clothing Corp., Appellant. |
Appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County, dated June 8, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies from a refusal to sign an order to show cause (UJCA 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