Deutsche Bank National Trust Company v Fitzsimmons
Motion No: 2024-03682
Slip Opinion No: 2024 NY Slip Op 67964(U)
Decided on May 20, 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

M296491

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-03682

Deutsche Bank National Trust Company, etc.,

respondent, v Carol Fitzsimmons, appellant,

et al., defendants.

(Index No. 1028/2006)

DECISION & ORDER ON MOTION

Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Suffolk County, which occurred on November 16, 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

Clerk of the Court