| Nicole Tiskevics v Paul Hennessy |
| Motion No: 2018-01982 SC |
| Slip Opinion No: 2018 NY Slip Op 85757(U) |
| Decided on October 1, 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
| Nicole Tiskevics, Respondent, v Paul Hennessy, Appellant. |
Appeal from a June 26, 2018 refusal by the District Court of Suffolk County, Sixth District, 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 UDCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; cf. CPLR 5704 [b]).
Appellant's remedy, if he be so advised, is to seek relief from the default judgment in the District Court by way of notice of motion, rather than by order to show cause.
ENTER:
Paul Kenny
Chief Clerk