| Krystal Touch of NY, Inc. v General Fire-Proof Door Corporation |
| Motion No: 2020-09369 |
| Slip Opinion No: 2022 NY Slip Op 70206(U) |
| Decided on August 19, 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
M284559
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
LARA J. GENOVESI, JJ.
|
2020-09369, 2021-06367 Krystal Touch of NY, Inc., respondent, v General Fire-Proof Door Corporation, etc., appellant. (Index No. 612712/2018)
| DECISION & ORDER ON MOTION |
Appeals from the denial of an application to sign an order to show cause of the Supreme Court, Nassau County, which occurred on November 30, 2020, and from a so-ordered transcript of the same court of the proceedings which occurred on November 30, 2020. Motion by the respondent to dismiss the appeals on the ground that no appeal lies from the denial of an application to sign an order to show cause or, in the alternative, for an extension of time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is granted and the appeals are 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 otherwise denied as academic.
BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court