| Bank of New York Mellon Trust Company, N.A. v Mondesir |
| Motion No: 2018-04996 |
| Slip Opinion No: 2019 NY Slip Op 60003(U) |
| Decided on January 2, 2019 |
| 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
M258806
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2018-04996 Bank of New York Mellon Trust Company, N.A., etc., plaintiff-respondent, v Farden Mondesir, defendant-respondent, et al., defendants; Sheepshead Bay Realty Corp., nonparty-appellant. (Index No. 6851/08)
| DECISION & ORDER ON MOTION |
Appeal by Sheepshead Bay Realty Corp. from an unsigned order to show cause, which was presented to the Supreme Court, Kings County, on October 18, 2017.
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