Mrh Sub I, LLC v Gloria Thorpe
Motion No: 2017-00572 QC
Slip Opinion No: 2017 NY Slip Op 69607(U)
Decided on March 27, 2017
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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2017-572 Q C
MRH Sub I, LLC, Respondent, v Gloria Thorpe, Appellant, et al., Tenant, et al., Undertenants.

Appeal from a denial by the Civil Court of the City of New York, Queens County, on July 15, 2016 of an application for an order to show cause.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as 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]; 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