Opinion
Motion No. 2022-00317 QC
05-13-2022
David Zapata, Respondent, v. Joseph Basile, Appellant.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Appeal from a refusal by the Civil Court of City of New York, Queens County, to sign an order to show cause.
On the court's own motion, it is
ORDERED that appeal is dismissed, as no appeal lies from a refusal to sign an order to show cause (see UDCA 1702 [a][2]; Matter of Allah v Scheinman, 61 N.Y.2d 755 [1984]; cf. CPLR 5704[b]); and it is further, ORDERED that the application by appellant to withdraw the appeal is denied as moot.