| Queens Park Oval Asset Holding Trust v Cruz |
| Motion No: 2018-08878 |
| Slip Opinion No: 2018 NY Slip Op 87010(U) |
| Decided on October 24, 2018 |
| Appellate Division, 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 Division: Second Judicial Department
M256572
E/mm
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
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2018-08878 Queens Park Oval Asset Holding Trust, plaintiff-respondent, v Darwin Jose Cruz, defendant-respondent, et al., defendants; Queens Management Plus Corp., nonparty- appellant; Jules Haas, nonparty-respondent. (Index No. 1887/12)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss an appeal from an unsigned order to show cause, which was presented to the Supreme Court, Queens County, on December 7, 2017, on the ground that no appeal lies from the denial of an application to sign an order to show cause.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701).
BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court