U.S. Bank National Association v Desir
Motion No: 2026-01393
Slip Opinion No: 2026 NY Slip Op 61961(U)
Decided on February 6, 2026
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

M311152

ID/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2026-01393

U.S. Bank National Association, respondent,

v Marc Desir, et al., appellants.

(Index No. 617967/2018)

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 December 22, 2025.

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