| U.S. Bank Association v Olivera |
| Motion No: 2018-07106 |
| Slip Opinion No: 2018 NY Slip Op 87165(U) |
| Decided on October 26, 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
M255138
E/mm
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-07106 U.S. Bank Association, etc., respondent, v Alberto Olivera, appellant, et al., defendants. (Index No. 17293/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an unsigned order to show cause, which was presented to the Supreme Court, Queens County, on March 23, 2018, on the ground that it is an improper attempt to appeal the court's 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).
DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court