Matter of Bartolino v Bartolino
Motion No: 2019-09987
Slip Opinion No: 2020 NY Slip Op 69790(U)
Decided on August 10, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271776

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-09987

In the Matter of Louise Hroncich Bartolino,

appellant, v John G. Bartolino, respondent.

(Docket No. V-8025-2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Nassau County, dated June 27, 2019. Motion by the appellant's assigned counsel, inter alia, to be relieved on the ground that no appeal lies from the denial of an application to sign an order to show cause.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, 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 the branch of the motion which is to relieve assigned counsel is granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court