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Driscoll v. Delarosa

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 16, 2008

MICHAEL DRISCOLL, PLAINTIFF-APPELLANT,
v.
NEYDA DELAROSA, DEFENDANT, NEW YORK STATE ATTORNEY GENERAL LITIGATION UNIT, DEFENDANT-RESPONDENT.

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 non-appealable paper.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Nardelli, Sweeny, DeGrasse, Freedman, JJ.

105310/08

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081216

© 1992-2009 VersusLaw Inc.



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