Bard Ave. Realty LLC v Hava Arifi
Motion No: 2021-00497 RIC
Slip Opinion No: 2021 NY Slip Op 72021(U)
Decided on September 16, 2021
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

MICHELLE WESTON

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2021-497 RI C
Bard Avenue Realty LLC, Respondent, v Hava Arifi, Appellant, and Leland Rogan, "John Doe" and "Jane Doe", Undertenants.

Appeal from an August 28, 2021 refusal by the Civil Court of the City of New York, Richmond 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