| David Zapata v Joseph Basile |
| Motion No: 2022-00317 QC |
| Slip Opinion No: 2022 NY Slip Op 66071(U) |
| Decided on May 13, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DONNA-MARIE E. GOLIA
CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| David Zapata, Respondent, v Joseph Basile, Appellant. |
Appeal from a refusal by the Civil Court of City of New York, Queens County, to sign an order to show cause.
On the court's own motion, it is
ORDERED that appeal is dismissed, as no appeal lies from a refusal to sign an order to show cause (see UDCA 1702 [a][2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; cf. CPLR 5704[b]); and it is further,
ORDERED that the application by appellant to withdraw the appeal is denied as moot.
ENTER:
Paul Kenny
Chief Clerk