Appellate Division: Second Judicial Department

M270928

E/sl

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-03727, 2020-05623 Rishon Kataev, respondent, v Roman Abraham, appellant. (Index No. 706622/2014)

DECISION & ORDER ON MOTION

Appeal by Roman Abraham from the denial of an application to sign an order to show cause of the Supreme Court, Queens County, which occurred on March 11, 2020. Application by Roman Abraham pursuant to CPLR 5704 to remit this matter to the Supreme Court to sign the order to show cause and set a return date for the underlying motion. Motion by Roman Abraham for leave to appeal to this Court from the denial of the application to sign the order to show cause, and to remit this matter to the Supreme Court, Queens County, for a traverse hearing.

Upon the papers filed in support of the application and the motion, and the papers filed in opposition thereto, it is

ORDERED that the application and the motion are denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right 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).

ROMAN, J.P., COHEN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court