Emigrant Bank v Walters
Motion No: 2024-07409
Slip Opinion No: 2024 NY Slip Op 72359(U)
Decided on August 9, 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

M298424

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-07409

Emigrant Bank, etc., plaintiff-respondent,

v Hyergene F. Walters, etc., defendant-respondent,

Dion I. Balcarran, etc., et al., appellants,

et al., defendants.

(Index No. 9994/2012)

DECISION & ORDER ON MOTION

Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Kings County, which occurred on April 8, 2024.

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