| Matter of Macklin v Ruiz |
| Motion No: 2021-00926 |
| Slip Opinion No: 2023 NY Slip Op 70389(U) |
| Decided on July 19, 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
M290095
AFA/
CHERYL E. CHAMBERS, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2021-00926 In the Matter of John C. Macklin, etc., appellant, v Jeanette Ruiz, etc., et al., respondents. (Index No. 615309/2020)
| DECISION & ORDER ON MOTION |
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. By order to show cause dated April 10, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed 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).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
CHAMBERS, J.P., DOWLING, VOUTSINAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court