| Care v Montefiore New Rochelle Hospital |
| Motion No: 2022-02947 |
| Slip Opinion No: 2022 NY Slip Op 69716(U) |
| Decided on August 8, 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
M284353
MB/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH A. ZAYAS
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2022-02947 Rosella Care, etc., appellant, v Montefiore New Rochelle Hospital, respondent. (Index No. 55544/2020)
| DECISION & ORDER ON MOTION |
Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Westchester County, which occurred on January 19, 2022. Motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person. Separate motion by the respondent to dismiss the appeal on the ground that no appeal lies from the denial of an application to sign an order to show cause.
Upon the papers filed in support of the motion and cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondent is granted and the appeal 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 by the appellant is denied as academic.
BRATHWAITE NELSON, J.P., ZAYAS, DOWLING and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court