Appellate Division: Second Judicial Department

M309132

AFA/

COLLEEN D. DUFFY, J.P.

PHILLIP HOM

SUSAN QUIRK

ELENA GOLDBERG VELAZQUEZ, JJ.

2022-10445, 2025-12533 Aron Lebovits, etc., appellant, v Ezra Unger, et al., respondents. (Index No. 536763/2022)

DECISION & ORDER ON MOTION

Appeals from the denial of an application to sign an order to show cause of the Supreme Court, Kings County, which occurred on December 20, 2022, and an order of the same court dated December 20, 2022. Motion by the appellant to stay the sale of any membership interest in the appellant 425 Marcy Avenue LLC, pending hearing and determination of the appeals. Application by the appellant to extend the time to perfect the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that on the Court's own motion, the appeal from the denial of the application to sign the order to show cause is dismissed 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 application is granted, and on or before December 5, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., HOM, QUIRK and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court