Cach, LLC
v.
Cummings

Appellate Term of the Supreme Court of the State of New York for the 9th & 10th judicial DistrictsSep 22, 2016
2016 N.Y. Slip Op. 86888 (N.Y. App. Div. 2016)

Motion No: 2016-02235 WC

09-22-2016

Cach, LLC, Respondent, v. Pritchard Cummings, Appellant.


BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from an undated determination of the City Court of New Rochelle, Westchester County, refusing to sign appellant pro se's order to show cause.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that no appeal lies from the refusal to sign an order to show cause (UCCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238). Appellant is advised that the proper avenue for review of a refusal to sign an order to show cause is an application pursuant to CPLR 5704 (b).

ENTER:

Paul Kenny

Chief Clerk