| Deutsche Bank National Trust v Galloway |
| Motion No: 2021-01818 |
| Slip Opinion No: 2022 NY Slip Op 62036(U) |
| Decided on February 23, 2022 |
| 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
M281579
MB/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2021-01818 Deutsche Bank National Trust, respondent, v Milton D. Galloway, appellant. (Index No. 32684/2011)
| DECISION & ORDER ON MOTION |
Appeal from an undated denial of an application to sign an order to show cause of the Supreme Court, Suffolk County. Motion by the appellant to extend the time to perfect the appeal.
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 appellant's motion is denied as academic.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court