Category: Uncategorized

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

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
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]).

Appellate Division, Second Department, 2007 Decisions of Interest

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.

The
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.

1.
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.

Where are all the pictures of the CPLR?

You know the one; the big red book we’ve all come to know and love.  I just spent half an hour looking for pictures in an attempt to snazz up this blog, and, much to my surprise and chagrin, I was able to find all of one picture.  And it wasn’t even a good one.  Even more strange were the results from my picture search for "Richardson on Evidence".

No need to worry though.  I will take some pictures of my own books tomorrow.

Now why is this important?  It just is.

While I’m at it, I think everyone should have their own copy of the CPLR.  Having a copy sitting in some lonely corner of the law office library, or in that one person’s office (you know, the one with the coffee stained shirt and the mismatched socks) just isn’t enough.  Every office or cubicle should have one.  You should be reading it on the train and one on CD to listen to while in the car.

It is the final authority on all matters and should be respected.  There, I said it.