Opinion
Motion No: 2018-02058 QC
11-26-2018
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 3, 2018, and for review, pursuant to CPLR 5704 (b), of a subsequent refusal by that court to sign an order to show cause.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay is denied, as this court cannot consider matters which are dehors the record on the appeal from the May 3, 2018 order; and it is further,
ORDERED that the branch of the motion seeking CPLR 5704 (b) review of a refusal to sign an order to show cause is denied without prejudice to renewal upon proper presentation of the papers submitted upon that application.
ENTER:
Paul Kenny
Chief Clerk