Parkchester South Condo., Inc. v. Pickett

Full title: PARKCHESTER SOUTH CONDOMINIUM, INC., on Behalf of the Unit Owners of…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1994

209 A.D.2d 291 (N.Y. App. Div. 1994)

619 N.Y.S.2d 543

Opinion

November 17, 1994

Appeal from the Supreme Court, Bronx County (Douglas E. McKeon, J.).

The lower court's refusal to issue an ex parte stay is not appealable. (Pastore v. Boone, 127 A.D.2d 872.) Although we need not reach the issue, we note that the Judge did not abuse his discretion in refusing to sign the ex parte order to show cause, since, among other things, most of the issues raised therein were already decided by this Court. (Parkchester S. Condominium v. Pickett, 189 A.D.2d 688.)

Concur — Sullivan, J.P., Wallach, Ross, Rubin and Williams, JJ.