Opinion
No. 4829.
December 16, 2008.
Appeal from order, Supreme Court, New York County (Laura E. Drager, J.), entered on or about May 14, 2008, which declined to sign an order to show cause, unanimously dismissed, without costs, as taken from a nonappealable paper.
Michael Driscoll, appellant pro se.
Andrew M. Cuomo, Attorney General, New York (Diana R.H. Winters of counsel), for respondent.
Before: Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.
An order declining to sign an order to show cause is not appealable (CPLR 5701 [a] [2]; Heath v Wojtowicz, 48 AD3d 214, lv denied 10 NY3d 708). We would add that to the extent plaintiff seeks damages against the State, Supreme Court lacks subject matter jurisdiction (Court of Claims Act §§ 8, 9; Pollicina v Misericordia Hasp. Med. Ctr., 82 NY2d 332, 339 n 3 [1993]).