| SMS Financial XXXI, LLC v Simpson |
| Motion No: 2023-07030 |
| Slip Opinion No: 2023 NY Slip Op 71753(U) |
| Decided on August 14, 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
M290511
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2023-07030 SMS Financial XXXI, LLC, plaintiff-respondent, v Tackiea Simpson, defendant-respondent, et al., defendants; 227-12 Newflower Realty Corporation, et al., nonparty-appellants. (Index No. 704539/2016)
| DECISION & ORDER ON MOTION |
Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Queens County, which occurred on March 29, 2023.
On the Court's own motion, it is
ORDERED that 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).
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court