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HEATH v. WOJTOWICZ

48 A.D.3d 214 (2008)

851 N.Y.S.2d 162

GEORGE HEATH, Appellant, v. JOHN S. WOJTOWICZ, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 5, 2008.

The appeal is dismissed because the court's decision not to sign plaintiff's order to show cause seeking relief in connection with his alleged rights to royalties from the film Dog Day Afternoon based on funds allegedly due and owing to the late defendant John S. Wojtowicz is not appealable (CPLR 5701 [a] [2]; see M & J Trimming v Kew Mgt. Corp., 254 A.D.2d 21 [1998]).

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