Appellate Division: Second Judicial Department

M299921

KS/

FRANCESCA E. CONNOLLY, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2024-04496, 2024-04497 Audrey Humes, et al., appellants, v David L. Robinson, et al., respondents; Keith Elrington, Jr., nonparty-appellant. (Appeal No. 1) Audrey Humes, et al., appellants, v David L. Robinson, et al., respondents. (Appeal No. 2) (Index No. 523196/2021)

ORDER TO SHOW CAUSE

2024-06508

Audrey Humes, plaintiff, Keith Elrington, appellant,

v David L. Robinson, et al., respondents;

Keith Elrington, Jr., nonparty-appellant.

(Index No. 523196/2021)

2024-06618, 2024-06622

Audrey Humes, et al., plaintiffs, v

David L. Robinson, et al., respondents;

Keith Elrington, Jr., nonparty-appellant.

(Index No. 523196/2021)

Appeals from four orders of the Supreme Court, Kings County, dated January 3, 2024, March 12, 2024, May 9, 2024, and May 17, 2024, respectively, and from the denial of an application to sign an order to show cause of the same court which occurred on June 14, 2024. Motion by the nonparty-appellant, inter alia, in effect, to vacate the orders dated January 3, 2024, and May 17, 2024, and the denial of the application to sign an order to show cause which occurred on June 14, 2024.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the denial of the application to sign an order to show cause which occurred on June 14, 2024, 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); and it is further,

ORDERED that the branch of the motion which is to vacate the denial of the application to sign an order to show cause which occurred on June 14, 2024, is denied as academic; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by the nonparty-appellant from the order dated January 3, 2024, and dismissing the appeals from the orders dated May 9, 2024, and May 17, 2024, in the above-entitled action on the ground that the nonparty-appellant is not aggrieved (see CPLR 5511), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court's website on or before November 20, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before November 20, 2024; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon the appellant, via email to the email address provided to this Court, or if no email address is available for service by regular mail.

CONNOLLY, J.P., FORD, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court