| Yakov Silberman v Jenise Sarraga |
| Motion No: 2023-00011 ROC |
| Slip Opinion No: 2023 NY Slip Op 64688(U) |
| Decided on April 5, 2023 |
| 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 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
TIMOTHY S. DRISCOLL
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| Yakov Silberman, Respondent, v Jenise Sarraga, Appellant. |
Motion by appellant to stay all proceedings pending the determination of a purported appeal from a refusal to sign an order to show cause of the Justice Court of the Town of Clarkstown, Rockland County, dated January 11, 2023.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED on the court's own motion the purported appeal is dismissed, as no appeal lies from a refusal to sign an order to show cause (see CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]); and it is further,
ORDERED that the motion for a stay is denied as moot.
ENTER:
Paul Kenny
Chief Clerk