| Regateiro v Regateiro |
| Motion No: 2019-05584 |
| Slip Opinion No: 2019 NY Slip Op 84480(U) |
| Decided on November 20, 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
M267557
kbp/
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
|
2019-05584, 2019-11692 Armand Regateiro III, etc., respondent, v James Regateiro, appellant, et al., defendants. (Index No. 613482/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated March 8, 2019, and September 24, 2019, respectively, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated September 24, 2019, 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 the branch of the motion which is to stay all proceedings is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
RIVERA, J.P., MILLER, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court