| Sixth Memorial Association, Inc. v 391 Fifth Avenue Property, LLC |
| Motion No: 2018-12413 |
| Slip Opinion No: 2018 NY Slip Op 88267(U) |
| Decided on November 7, 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
M257157
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2018-12413 Sixth Memorial Association, Inc., appellant, v 391 Fifth Avenue Property, LLC, respondent, et al., defendant. (Index No. 519441/18)
| DECISION & ORDER ON MOTION |
Appeal by Sixth Memorial Association, Inc., from an unsigned order to show cause, which was presented to the Supreme Court, Queens County, on October 4, 2018.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from the denial of an application to sign an order to show cause (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).
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court