Laurence Loscalzo v Melina Rodriguez
Motion No: 2014-03010 SC
Slip Opinion No: 2015 NY Slip Op 61393(U)
Decided on January 2, 2015
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2014-3010 S C
Laurence Loscalzo, Respondent, v Melina Rodriguez, Appellant.

Appeal from an order of the District Court of Suffolk County, Third District, dated June 4, 2014.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that no appeal lies from the refusal to sign an order to show cause (UDCA 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