| HSBC Bank USA NA v Bey |
| Motion No: 2019-01798 |
| Slip Opinion No: 2019 NY Slip Op 76392(U) |
| Decided on July 31, 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
M264890
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2019-01798 HSBC Bank USA NA, respondent, v Mutakabbir Ali Bey, appellant. (Index No. 4076/08)
| DECISION & ORDER ON MOTION |
Appeal by Mutakabbir Ali Bey from the denial of an application to sign an order to show cause of the Supreme Court, Queens County, which occurred on or about January 22, 2019.
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); and it is further,
ORDERED that so much of the order on application of this Court dated July 25, 2019, as extended the time to perfect the appeal in the above-entitled matter is recalled and vacated; and it is further,
ORDERED that the application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal is denied as academic.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court