Opinion
Motion No: 2016-01963 KC
11-14-2016
Angel Realty, LLC etc., Respondent, v. Barry Pomerantz, et al., Occupants, and Larry B. Margolis, Appellant.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to consolidate the above-entitled appeal from an order of the Civil Court of the City of New York, Kings County, dated May 5, 2016, with appeal No. 2016-770 K C, and for other relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a refusal to sign an order to show cause (CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk