U.S. Bank, N.A. v Williams Family Trust
Motion No: 2024-01630
Slip Opinion No: 2025 NY Slip Op 63026(U)
Decided on February 19, 2025
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

M302917

AFA/

CHERYL E. CHAMBERS, J.P.

BARRY E. WARHIT

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-01630

U.S. Bank, N.A., etc., respondent,

v Williams Family Trust, et al., appellants,

et al., defendants.

(Index No. 533/2015)

DECISION & ORDER ON MOTION

Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Nassau County, which occurred on January 17, 2024. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

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 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 motion is denied as academic.

CHAMBERS, J.P., WARHIT, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court