| Castle Vil. Owners Corp. v Girardi |
| 2025 NY Slip Op 02152 [237 AD3d 532] |
| April 15, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Castle Village Owners Corp.,
Respondent, v Guillermina Girardi, Appellant. |
Guillermina Girardi, appellant pro se.
Seyfarth Shaw LLP, New York (Kristin Pendergrass of counsel), for respondent.
Appeal
- Matters Appealable
- Order Declining to Sign Order to Show Cause
Appeal from order, Supreme Court, New York County (Lyle E. Frank, J.), entered May 23, 2024, which refused to sign defendant's proposed order to show cause, unanimously dismissed, without costs, as taken from a nonappealable paper.
Defendant purports to appeal from Supreme Court's refusal to sign her order to show cause, which sought to vacate a prior order granting plaintiff's motion for preliminary injunctive relief. However, no appeal lies from an order refusing to sign an order to show cause, as it is an ex parte order that does not decide a motion made on notice (CPLR 5701 [a] [2]; see Schwartz v Noll, 191 AD3d 567, 567 [1st Dept 2021], appeal dismissed 37 NY3d 1005 [2021]). Concur—Kern, J.P., Gesmer, Mendez, O'Neill Levy, Michael, JJ.