Deutsche Bank Trust Company Americas v Milford
Motion No: 2023-11251
Slip Opinion No: 2024 NY Slip Op 60928(U)
Decided on January 22, 2024
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

M293659

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-11251, 2023-11253

Deutsche Bank Trust Company Americas,

etc., respondent, v Gloria Milford, appellant,

et al., defendant.

(Index No. 11654/2009)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated November 16, 2017, and from the denial of an application to sign an order to show cause of the Supreme Court, Suffolk County, which occurred on November 28, 2023.

On the Court's own motion, it is

ORDERED that the appeal from the order is dismissed on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated June 5, 2018 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the appeal from the denial of the application to sign an order to show cause 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).

CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court