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MATTER OF MAKSYMOWICZ v. WEISMAN

11705, 91458/01

114 A.D.3d 484 (2014)

979 N.Y.S.2d 805

2014 NY Slip Op 926

In the Matter of JERZY MAKSYMOWICZ, Appellant, v. RICHARD WEISMAN, Respondent.

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

Decided February 13, 2014.

Appeal from order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about December 14, 2012, which declined to sign an order to show cause, unanimously dismissed, without costs, as taken from a nonappealable order.

Supreme Court's refusal to sign the subject order to show cause is not appealable (CPLR 5701 [a] [2]; see e.g. Naval v American Arbitration Assn., 83 A.D.3d 423 [1st Dept 2011]).

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