| Surujnarain v Humbert |
| Motion No: 2021-04969 |
| Slip Opinion No: 2022 NY Slip Op 64941(U) |
| Decided on April 25, 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
M282594
MB/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2021-04969, 2021-05474, 2022-01231, 2022-01232 Dave Surujnarain, respondent, v Christopher Humbert, et al., appellants, et al., defendant. (Index No. 704157/2020)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Supreme Court, Queens County, dated June 24, 2021, July 22, 2021, and February 1, 2022, respectively, and the denial of an application to sign an order to show cause of the same court which occurred on February 1, 2022. Motion by the appellants to enjoin a court-appointed receiver from taking any action to manage certain real property and to stay a determination of the receiver's motion for contempt, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the denial of the application to sign the order to show cause which occurred on February 1, 2022, 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 motion is denied.
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court