Opinion
2022-62036 Motion 2021-01818
02-23-2022
Deutsche Bank National Trust, respondent, v. Milton D. Galloway, appellant. Index No. 32684/2011
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal from an undated denial of an application to sign an order to show cause of the Supreme Court, Suffolk County. Motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, 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 A.D.3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 A.D.3d 553; CPLR 5701); and it is further, ORDERED that the appellant's motion is denied as academic.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.