| Cach, LLC v Pritchard Cummings |
| Motion No: 2016-02235 WC |
| Slip Opinion No: 2016 NY Slip Op 86888(U) |
| Decided on September 22, 2016 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Cach, LLC, Respondent, v Pritchard Cummings, Appellant. |
Appeal from an undated determination of the City Court of New Rochelle, Westchester County, refusing to sign appellant pro se's order to show cause.
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 (UCCA 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). Appellant is advised that the proper avenue for review of a refusal to sign an order to show cause is an application pursuant to CPLR 5704 (b).
ENTER:
Paul Kenny
Chief Clerk