| Herbert Mcmillian v Verizon Corporate Off. |
| Motion No: 2018-02061 QC |
| Slip Opinion No: 2018 NY Slip Op 87524(U) |
| Decided on October 19, 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Herbert McMillian, Appellant, v Verizon Corporate Office, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 8, 2017, a small claims judgment of that court entered August 8, 2017, and a September 1, 2017 refusal by that court to sign an order to show cause. The notice of appeal was filed on March 1, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
So much of the appeal as is from the order entered August 8, 2017 denying appellant's motion to transfer the small claims action to the Supreme Court is dismissed on the ground that any right of direct appeal from that order terminated with the entry of the judgment following the trial on that date (see Matter of Aho, 39 NY2d 241, 248 [1976]). So much of the appeal as was taken from the judgment is dismissed as untimely (see CCA 1703 [b]). No appeal lies from a refusal to sign an order to show cause (see CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]).
ENTER:
Paul Kenny
Chief Clerk