| Matter of Cotoc v Riscajche |
| Motion No: 2023-02159 |
| Slip Opinion No: 2023 NY Slip Op 67508(U) |
| Decided on May 24, 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. |
Appellate Division: Second Judicial Department
M289175
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2023-02159 In the Matter of Cruz Nicolas Caca Tzum Cotoc, appellant, v Catarina Rebeca Machic Riscajche, respondent. (Docket Nos. V-17163-2022, V-3636-2023)
| DECISION & ORDER ON MOTION |
Appeal from the denial of an application to sign an order to show cause of the Family Court, Kings County, which occurred on February 22, 2023. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, 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 is denied as academic.
BARROS, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court