| Brand v Brand |
| Motion No: 2022-00686 |
| Slip Opinion No: 2022 NY Slip Op 63436(U) |
| Decided on March 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
M282052
AFA/
VALERIE BRATHWAITE NELSON, J.P.
REINALDO E. RIVERA
JOSEPH A. ZAYAS
PAUL WOOTEN, JJ.
|
2022-00686, 2022-00687 Samantha Brand, respondent, v Jason Brand, appellant. (Index No. 21440/2015)
| DECISION & ORDER ON MOTION |
Appeals from the denial of an application to sign an order to show cause of the Supreme Court, Suffolk County, which occurred on January 28, 2022, and an order of the same court dated January 28, 2022.
On the Court's own motion, it is
ORDERED that 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 the appeal from the order is dismissed on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.
BRATHWAITE NELSON, J.P., RIVERA, ZAYAS and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court