Matter of Macklin v Ruiz
Motion No: 2021-00926
Slip Opinion No: 2023 NY Slip Op 64874(U)
Decided on April 10, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288370

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-00926

In the Matter of John C. Macklin, etc.,

appellant, v Jeanette Ruiz, etc., et al.,

respondents.

(Index No. 615309/2020)

ORDER TO SHOW CAUSE

Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Nassau County, which occurred on January 14, 2021.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding 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), by serving and filing a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before May 10, 2023; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court