CPLR § 5701(a)(2) “order declining to sign an order to show cause is not appealable”

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.

An order declining to sign an order to show cause is not appealable (CPLR 5701[a][2]; Heath v Wojtowicz, 48 AD3d 214 [2008], lv denied 10 NY3d 708 [2008]). 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 Hosp. Med. Ctr., 82 NY2d 332, 339 n 3 [1993]).