CPLR § 5701(a)(2)
Driscoll v Delarosa, 2008 NY Slip Op 09834 (App. Div, 1st Dept)
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
An order declining to sign an order to show cause is not appealable (CPLR 5701[a]; 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 Hosp. Med. Ctr., 82 NY2d 332, 339 n 3 ).
While perusing the online version of the New York Law Journal, I ran across the Appellate Division, Second Department Roundup 20071, announcing the launch of the annual Decisions of Interest Webpage.
Appellate Division, Second Department, covering 10 downstate counties
in which more than half the state's population resides, is the busiest
appellate court in New York state and, certainly, one of the busiest
appellate courts in the nation. This annual roundup highlights some of
the Decisions of Interest which appear on our Web page.
The column is from the November 14th edition and is authored by Justice
A. Gail Prudenti and and Justice Thomas A. Dickerson of the Appellate
Division, Second Department.
To go directly to the CPLR decisions on that page, click HERE.
I'm sorting through the cases that have made it to the Slip Ops. Look for them tonight or tomorrow.
I know I've missed a few days, but, it hurts me more than it hurts you. Really.
This blog should be an interesting adventure. It will be devoted to all things CPLR, including, but not limited to, changes, interpretation, caselaw, and various sundry other CPLR type things.