| Birch Acres Coop., Inc. v Tatiana Odato |
| Motion No: 2018-00229 DC |
| Slip Opinion No: 2018 NY Slip Op 68421(U) |
| Decided on March 22, 2018 |
| 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
| Birch Acres Co-operative, Inc., Respondent, v Tatiana Odato, Appellant. |
Appeal from a December 11, 2017 refusal by the City Court of Poughkeepsie, Dutchess County, to sign 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 (see UCCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]).
ENTER:
Paul Kenny
Chief Clerk