Opinion
13173 Index No. 157548/2014 Case No. 2020-01205
02-18-2021
Lillian F. SCHWARTZ, Plaintiff–Appellant, v. A. Michael NOLL et al., Defendants–Respondents.
Laurens R. Schwartz, New York, for appellant.
Laurens R. Schwartz, New York, for appellant.
Renwick, J.P., Kern, Singh, Shulman, JJ.
Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered August 27, 2019, which denied plaintiff's motion for reargument of a proposed order to show cause to vacate prior court orders, unanimously dismissed, without costs, as taken from a nonappealable order.
No appeal lies from an order that denies reargument ( D'Alessandro v. Carro, 123 A.D.3d 1, 3, 992 N.Y.S.2d 520 [1st Dept. 2014] ). No permission to appeal has been granted by this Court ( see CPLR 5701[a][2] ; [c]). Plaintiff's contention that this case falls within an exception to the rule is without merit. This appeal is subject to dismissal for the additional reason that no appeal lies from an order that declines to sign an order to show cause, which is an ex parte order that does not decide a motion made on notice ( CPLR 5701[a][2] ; Chi Young Lee v. Osorio, 184 A.D.3d 417, 123 N.Y.S.3d 494 [1st Dept. 2020] ).