| Janet I. Nightingale v Excel Dev. Group |
| Motion No: 2019-00831 QC |
| Slip Opinion No: 2019 NY Slip Op 72558(U) |
| Decided on June 4, 2019 |
| 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
| Janet I. Nightingale, Respondent, v Excel Development Group, Appellant. |
Appeal from a March 20, 2019 refusal by the Civil Court of the City of New York, Queens County, to sign an order to show cause.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as 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]; cf. CPLR 5704 [b]).
ENTER:
Paul Kenny
Chief Clerk