Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 27, 2026

2026-03593, 3777/2013

Angela G. Iannacci, J.P.

Helen Voutsinas

Donna-Marie E. Golia

Susan Quirk, JJ.

[*1]

DECISION & ORDER ON MOTION

2026-03597

Old Village Wines & Liquors Inc., appellant,

v 509 Realty Corp., et al., respondents.

(Index No. 3777/2013)

2026-03599

Old Village Wines & Liquors Inc., appellant,

v 509 Realty Corp., et al., respondents.

(Index No. 3777/2013)

Appeals from the denial of an application to sign an order to show cause of the Supreme Court, Kings County, which occurred on March 25, 2026, from an order of the same court dated February 1, 2026, and from an email of the same court dated April 1, 2026. Motion by the appellant for leave to appeal to this Court from the denial of the application to sign an order to show cause, the order, and the email, and to stay the trial in the above-entitled action, pending hearing and determination of 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 the branch of the motion which is for leave to appeal to this Court from the order is denied; and it is further,

ORDERED that the appeal from the order purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appeal from the denial of the application to sign an order to show cause 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 on the Court's own motion, the appeal from the email is dismissed on the ground that no appeal lies, either as of right or by permission, from an email (see CPLR 2219, 5512 [a], 5701); and it is further

ORDERED that the motion is otherwise denied as academic.

IANNACCI, J.P., VOUTSINAS, GOLIA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court